第一篇：國際貿(mào)易術(shù)語解釋通則2010(英文)

Incoterms 2010

RULES FOR ANY MODE OR MODES OF TRANSPORT

EX WORKS EXW(insert named place of delivery)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller?s premises or at another named place(i.e., works, factory, warehouse, etc.).The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller.The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller.The rule should be used with care as: a)The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so.If the seller does load the goods, it does so at the buyer?s risk and expense.In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b)A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance.Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c)The buyer has limited obligations to provide to the seller any information regarding the export of the goods.However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must provide the buyer, at the buyer?s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer?s request, risk and expense, any information in the possession of the seller that is required for the security clearance of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle.If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.The seller must deliver the goods on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyer The seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery document The seller has no obligation to the buyer.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must: a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export;and d)reimburse all costs and charges incurred by the seller in providing assistance as envisaged in A2.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must provide the seller with appropriate evidence of having taken delivery.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, and counting)that are necessary for the purpose of delivering the goods in accordance with A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.Free Carrier FCA(insert named place of delivery)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller?s premises or another named place.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.If the parties intend to deliver the goods at the seller?s premises, they should identify the address of those premises as the named place of delivery.If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer?s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.Delivery is completed: a)If the named place is the seller?s premises, when the goods have been loaded on the means of transport provided by the buyer.b)In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller?s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d)within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract at its own expense for the carriage of the goods from the named place of delivery, except when the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails in accordance with B7 to notify the nomination of a carrier or another person as envisaged in A4 or to give notice;or b)the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, then, the buyer bears all risks of loss of or damage to the goods:(i)from the agreed date, or in the absence of an agreed date,(ii)from the date notified by the seller under A7 within the agreed period;or, if no such date has been notified,(iii)from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer fails to nominate a carrier or another person as envisaged in A4, or(ii)the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or(iii)the buyer has failed to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.A7 Notices to the buyer The seller must, at the buyer?s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with the usual proof that the goods have been delivered in accordance with A4.The seller must provide assistance to the buyer, at the buyer?s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request，risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.B7 Notices to the seller The buyer must notify the seller of a)the name of the carrier or another person nominated as envisaged in A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article;b)where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods;c)the mode of transport to be used by the person nominated;and d)the point of taking delivery within the named place.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CARRIAGE PAID TO CPT(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage Paid To” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for the carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller?s choosing and over which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g., at an ocean port or airport), they need to specify this in their contract of sale.The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CPT requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods, and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place.The contract of carriage must be made on usual terms at the seller?s expense and provide for carriage by the usual route and in a customary manner.If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller?s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller?s account under the contract of carriage.A7 Notices to the buyer The seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b)all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller?s account under the contract of carriage;c)unloading costs, unless such costs were for the seller?s account under the contract of carriage;d)any additional costs incurred if the buyer fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods;and e)where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country, unless included within the cost of the contract of carriage.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give the seller sufficient notice thereof.If customary or at the buyer?s request, the seller must provide the buyer, at the seller?s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment.If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information，including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information，including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CARRIAGE AND INSURANCE PAID TO CIP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage and Insurance Paid to” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.The seller also contracts for insurance cover against the buyer?s risk of loss of or damage to the goods during the carriage.The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover.Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller?s choosing and over which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g., at an ocean port or an airport), they need to specify this in their contract of sale.The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CIP requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.B THE BUYER? OBLIGATIONS

B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other Formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place.The contract of carriage must be made on usual terms at the seller?s expense and provide for carriage by the usual route and in a customary manner.If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b)Contract of insurance The seller must obtain at its own expense cargo insurance complying at least with the minimum cover as provided by Clauses(C)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses.The insurance shall be contracted with underwriters or an insurance company of good repute and entitle the buyer, or any other person having an insurable interest in the goods, to claim directly from the insurer.When required by the buyer, the seller shall, subject to the buyer providing any necessary information requested by the seller, provide at the buyer?s expense any additional cover, if procurable, such as cover as provided by Clauses(A)or(B)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses, and/or cover complying with the Institute War Clauses and/or Institute Strikes Clauses(LMA/IUA)or any similar clauses.The insurance shall cover, at a minimum, the price provided in the contract plus 10%(i.e., 110%)and shall be in the currency of the contract.The insurance shall cover the goods from the point of delivery set out in A and A5 to at least the named place of destination.The seller must provide the buyer with the insurance policy or other evidence of insurance cover.Moreover, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs to procure any additional insurance.A4 Delivery The seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreed period.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with any information necessary for the seller to procure any additional insurance requested by the buyer as envisaged in A3 b).B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller?s account under the contract of carriage;c)the costs of insurance resulting from A3 b);and d)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller?s account under the contract of carriage.A7 Notices to the buyer The seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 d);b)all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller?s account under the contract of carriage;c)unloading costs, unless such costs were for the seller?s account under the contract of carriage;d)any additional costs incurred if it fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods;e)where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country, unless included within the cost of the contract of carriage;and f)the costs of any additional insurance procured at the buyer?s request under A3 and B3.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give the seller sufficient notice thereof.A8 Delivery document If customary or at the buyer?s request, the seller must provide the buyer, at the seller?s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment.If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4 as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DAT DELIVERED AT TERMINAL DAT(insert named terminal at port or place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination.“Terminal” includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal.The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination.The parties are well advised to specify as clearly as possible the terminal and, if possible, a specific point within the terminal at the agreed port or place of destination, as the risks to that point are for the account of the seller.The seller is advised to procure a contract of carriage that matches this choice precisely.Moreover, if the parties intend the seller to bear the risks and costs involved in transporting and handling the goods from the terminal to another place, then the DAP or DDP rules should be used.DAT requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named terminal at the agreed port or place of destination.If a specific terminal is not agreed or is not determined by practice, the seller may select the terminal at the agreed port or place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must unload the goods from the arriving means of transport and must then deliver them by placing them at the disposal of the buyer at the named terminal referred to in A3 a)at the port or place of destination on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)any additional costs incurred by the seller if the buyer fails to fulfill its obligations in accordance with B2, or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)where applicable, the costs of customs formalities as well as all duties, taxes and other charges payable upon import of the goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery at the named terminal, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the delivery document provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information，including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DELIVERED AT PLACE DAP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Delivered at Place” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination.The seller bears all risks involved in bringing the goods to the named place.The parties are well advised to specify as clearly as possible the point within the agreed place of destination, as the risks to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.DAP requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination.If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)any charges for unloading at the place of destination that were for the seller?s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller?s account under the contract of carriage;c)any additional costs incurred by the seller if the buyer fails to fulfill its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and d)where applicable, the costs of customs formalities, as well as all duties, taxes and other charges payable upon import of the goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the delivery document provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DELIVERED DUTY PAID DDP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Delivered Duty Paid” means that the seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination.The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.DDP represents the maximum obligation for the seller.The parties are well advised to specify as clearly as possible the point within the agreed place of destination, as the costs and risks to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.The parties are well advised not to use DDP if the seller is unable directly or indirectly to obtain import clearance.If the parties wish the buyer to bear all risks and costs of import clearance, the DAP rule should be used.Any VAT or other taxes payable upon import are for the seller?s account unless expressly agreed otherwise in the sales contract.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export and import licence and other official authorization and carry out all customs formalities necessary for the export of the goods, for their transport through any country and for their import.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination.If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must provide assistance to the seller, at the seller?s request, risk and expense, in obtaining any import licence or other official authorization for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)any charges for unloading at the place of destination that were for the seller?s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export and import as well as all duties, taxes and other charges payable upon export and import of the goods, and the costs for their transport through any country prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller?s account under the contract of carriage;and c)any additional costs incurred if it fails to fulfill its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export or of import.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the transport of the goods to the final destination, where applicable, from the named place of destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer has no obligation to the seller to pay the costs of any mandatory pre-shipment inspection mandated by the authority of the country of export or of import.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport, export and import of the goods and for their transport through any country.RULES FOR SEA AND IINLAND WATERWAY TRANSPORT FREE ALONGSIDE SHIP FAS(insert named port of shipment)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel(e.g., on a quay or a barge)nominated by the buyer at the named port of shipment.The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.The parties are well advised to specify as clearly as possible the loading point at the named port of shipment, as the costs and risks to that point are for the account of the seller and these costs and associated handling charges may vary according to the practice of the port.The seller is required either to deliver the goods alongside the ship or to procure goods already so delivered for shipment.The reference to “procure” here caters for multiple sales down a chain(?string sales?), particularly common in the commodity trades.Where the goods are in containers, it is typical for the seller to hand the goods over to the carrier at a terminal and not alongside the vessel.In such situations, the FAS rule would be inappropriate, and the FCA rule should be used.FAS requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer?s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them alongside the ship nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.If the parties have agreed that delivery should take place within a period, the buyer has the option to choose the date within that period.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary..B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export.A7 Notices to the buyer The seller must, at the buyer?s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.the time they have been delivered as envisaged in A4.If a)the buyer fails to give notice in accordance with B7;or b)the vessel nominated by the buyer fails to arrive on time, or fails to take the goods or closes for cargo earlier than the time notified in accordance with B7;then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer has failed to give appropriate notice in accordance with B7, or(ii)the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.B7 Notices to the seller The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with the usual proof that the goods have been delivered in accordance with A4.Unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyer?s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.FOB FREE ON BOARD FOB(insert named port of shipment)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Free on Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment.The reference to “procure” here caters for multiple sales down a chain(?string sales?), particularly common in the commodity trades.FOB may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such situations, the FCA rule should be used.FOB requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer?s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them on board the vessel nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to notify the nomination of a vessel in accordance with B7;or b)the vessel nominated by the buyer fails to arrive on time to enable the seller to comply with A4, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7;then, the buyer bears all risks of loss of or damage to the goods:(i)from the agreed date, or in the absence of an agreed date,(ii)from the date notified by the seller under A7 within the agreed period, or, if no such date has been notified,(iii)from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer has failed to give appropriate notice in accordance with B7, or(ii)the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.A7 Notices to the buyer The seller must, at the buyer?s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.A8 Delivery document The seller must provide the buyer, at the seller?s expense, with the usual proof that the goods have been delivered in accordance with A4.Unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyer?s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B7 Notices to the seller The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.COST AND FREIGHT CFR(insert named port of destination)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Cost and Freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel.The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.While the contract will always specify a destination port, it might not specify the port of shipment, which is where risk passes to the buyer.If the shipment port is of particular interest to the buyer, the parties are well advised to identify it as precisely as possible in the contract.The parties are well advised to identify as precisely as possible the point at the agreed port of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the specified point at the port of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment to the destination.In addition, the seller is required either to make a contract of carriage or to procure such a contract.The reference to “procure” here caters for multiple sales down a chain(?string sales?), particularly common in the commodity trades.CFR may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such circumstances, the CPT rule should be used.CFR requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named port of destination or, if agreed, any point at that port.The contract of carriage must be made on usual terms at the seller?s expense and provide for carriage by the usual route in a vessel of the type normally used for the transport of the type of goods sold.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them on board the vessel or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named port of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods on board and any charges for unloading at the agreed port of discharge that were for the seller?s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller?s account under the contract of carriage.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for shipment, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b)all costs and charges relating to the goods while in transit until their arrival at the port of destination, unless such costs and charges were for the seller?s account under the contract of carriage;c)unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller?s account under the contract of carriage;

d)any additional costs incurred if it fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for shipment, provided that the goods have been clearly identified as the contract goods;and e)where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country unless included within the cost of the contract of carriage.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for shipping the goods and/or the point of receiving the goods within the named port of destination, give the seller sufficient notice thereof.A8 Delivery document The seller must, at its own expense, provide the buyer without delay with the usual transport document for the agreed port of destination.This transport document must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.COST INSURANCE AND FREIGHT CIF(insert named port of destination)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Cost, Insurance and Freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel.The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.The seller also contracts for insurance cover against the buyer?s risk of loss of or damage to the goods during the carriage.The buyer should note that under CIF the seller is required to obtain insurance only on minimum cover.Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.When CPT, CIP, CFR, or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.While the contract will always specify a destination port, it might not specify the port of shipment, which is where risk passes to the buyer.If the shipment port is of particular interest to the buyer, the parties are well advised to identify it as precisely as possible in the contract.The parties are well advised to identify as precisely as possible the point at the agreed port of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the specified point at the port of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment to the destination.In addition the seller is required either to make a contract of carriage or to procure such a contract.The reference to “procure” here caters for multiple sales down a chain(?string sales?), particularly common in the commodity trades.CIF may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such circumstances, the CIP rule should be used.CIF requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER? OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.B THE BUYER? OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named port of destination or, if agreed, any point at that port.The contract of carriage must be made on usual terms at the seller?s expense and provide for carriage by the usual route in a vessel of the type normally used for the transport of the type of goods sold.b)Contract of insurance The seller must obtain, at its own expense, cargo insurance complying at least with the minimum cover provided by Clauses(C)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses.The insurance shall be contracted with underwriters or an insurance company of good repute and entitle the buyer, or any other person having an insurable interest in the goods, to claim directly from the insurer.When required by the buyer, the seller shall, subject to the buyer providing any necessary information requested by the seller, provide at the buyer?s expense any additional cover, if procurable, such as cover as provided by Clauses(A)or(B)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses and/or cover complying with the Institute War Clauses and/or Institute Strikes Clauses(LMA/IUA)or any similar clauses.The insurance shall cover, at a minimum, the price provided in the contract plus 10%(i.e., 110%)and shall be in the currency of the contract.The insurance shall cover the goods from the point of delivery set out in A4 and A5 to at least the named port of destination.The seller must provide the buyer with the insurance policy or other evidence of insurance cover.Moreover, the seller must provide the buyer, at the buyer?s request, risk, and expense(if any), with information that the buyer needs to procure any additional insurance.A4 Delivery The seller must deliver the goods either by placing them on board the vessel or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with any information necessary for the seller to procure any additional insurance requested by the buyer as envisaged in A3 b).B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named port of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods on board and any charges for unloading at the agreed port of discharge that were for the seller?s account under the contract of carriage;c)the costs of insurance resulting from A3 b);and d)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller?s account under the contract of carriage.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for shipment, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 d);b)all costs and charges relating to the goods while in transit until their arrival at the port of destination, unless such costs and charges were for the seller?s account under the contract of carriage;c)unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller?s account under the contract of carriage;d)any additional costs incurred if it fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for shipment, provided that the goods have been clearly identified as the contract goods;e)where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country, unless included within the cost of the contract of carriage;and f)the costs of any additional insurance procured at the buyer?s request under A3 b)and B3 b).A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.A8 Delivery document The seller must, at its own expense provide the buyer without delay with the usual transport document for the agreed port of destination.This transport document must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for shipping the goods and/or the point of receiving the goods within the named port of destination, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.

第二篇：國際貿(mào)易術(shù)語解釋

《2010 年國際貿(mào)易術(shù)語解釋通則》(Incoterms 2010)于 2011 年 月 1 日起實(shí)施。Incoterms-2010 是國際商會根據(jù)國際貿(mào)易及運(yùn)輸方式的發(fā)展，經(jīng)過征詢 30 多個國家和地區(qū)的意見后，對《2000 年國際貿(mào)易術(shù)語解釋通則》進(jìn)行修訂的，相對 Incoterms-2000 而言，Incoterms-2010 的主要變化如下:

Incoterms-2010 術(shù)語由原來四大類變?yōu)閮山M，種類由原來的 13 種變?yōu)?11 種: 將原來的 E、F、C、D 四大類變更為以下兩類: 一組)適用于各種運(yùn)輸方式二組)只適用水運(yùn)(海運(yùn)及內(nèi)河運(yùn)輸)Incoterm-2010 刪去了 Incoterms-2000 的以下 4 個術(shù)語:

DAF(Delivered at Frontier)DES(Delivered Ex Ship)DEQ(Delivered Ex Quay)DDU(Delivered Duty Unpaid)新增加的 2 個術(shù)語: 邊境交貨目的港船上交貨 目的港碼頭交貨未完稅交貨

DAT(目的港碼頭集散站交貨 delivered at terminal)—在指定目的地或目的港的集散站交貨(取代了 DEQ,且擴(kuò)展至適用于各種運(yùn)輸方式);

DAP(目的地交貨delivered at pl ace)在指定目的地交貨(取代了DAF、DES 和DDU 三個術(shù)語)1

修改后的 11 種術(shù)語如下: 第一組:適用于任何運(yùn)輸方式的術(shù)語七種(Any Mode of Transport):

E X W、F C A、C P T、C I P、D A T、D A P、D D P EXW(ex works)FCA(free carrier)CPT(carriage paid to)CIP(carriage and insurance paid to)運(yùn)費(fèi)/保險費(fèi)付至(目的地)DAT(delivered at terminal)DAP(delivered at place)DDP(delivered duty paid)第二組:適用于水上運(yùn)輸方式的術(shù)語四種(Sea and Inland

Waterway Transport Only):FAS、FOB、CFR、CIF FAS(free alongside ship)FOB(free on board)

CFR(cost and freight)CIF(cost ,insurance and freight)裝運(yùn)港船邊交貨 裝運(yùn)港船上交貨

成本加運(yùn)費(fèi)成本、保險費(fèi)加運(yùn)費(fèi)

修訂后的 Incoterms-2010 就風(fēng)險轉(zhuǎn)移問題取消了“船舷 ”的概念 ,即賣方承擔(dān)貨物裝上船為止的一切風(fēng)險,買方承擔(dān)貨物自裝運(yùn)港裝上船后的一切風(fēng)險。在 FAS、FOB、CFR 和CIF 等術(shù)語中加入了貨物在運(yùn)輸期間被多次買賣(連環(huán)貿(mào)易)的責(zé)任義務(wù)的劃分。Incoterms 2010 不僅適用于國際貿(mào)易合同,也適用于國內(nèi)貿(mào)易合同。2

始發(fā)地工廠交貨 始發(fā)地貨交承運(yùn)人 運(yùn)費(fèi)付至(目的地)

目的港碼頭或集散站交貨目的地指定地點(diǎn)交貨目的地完稅后交貨

盡管以上術(shù)語較 Incoterms-2000 有所進(jìn)步 ,但 FOB 術(shù)語中仍然存在一定的缺陷,尤其是當(dāng)集裝箱化運(yùn)輸成為主要的運(yùn)輸方式時,由于買家在全球市場簽訂合同時自由使用 FOB 術(shù)語,該術(shù)語在碼頭作業(yè)費(fèi)的支付問題上未能解釋清楚,因此付貨人、特別是亞洲的付貨人一直是碼頭附加費(fèi)的受害者。目前在 FOB 術(shù)語中,FOB 變形的做法有好幾種,如集裝箱班輪運(yùn)輸 FOB 變形條款就是 FOB liner term, 定價機(jī)制以(場站至場站)為責(zé)任范圍確定。但該變形做法在“ 國際貿(mào)易術(shù)語解釋通則” 中未具體體現(xiàn)。因此,班輪公司和貨主對此條款產(chǎn)生的碼頭作業(yè)費(fèi) THC 的糾紛成為當(dāng)今全球集裝箱班輪運(yùn)輸最大的爭論焦點(diǎn)。

按慣例,以 FOB 條件成交時 ,如果是散貨 ,多數(shù)情況下賣方要負(fù)責(zé)支付貨物裝上船之前的一切費(fèi)用。各國對于“ 裝船 ”的概念沒有統(tǒng)一的解釋，有關(guān)裝船的各項費(fèi)用由誰負(fù)擔(dān)，各國的慣例或習(xí)慣做法也不完全一致。如果采用班輪運(yùn)輸,船方管裝管卸,裝卸費(fèi)計入班輪運(yùn)費(fèi)之中,自然由負(fù)責(zé)租船的買方承擔(dān),這是國際上普遍的習(xí)慣做法;而采用程租船運(yùn)輸,船方一般不負(fù)擔(dān)裝卸費(fèi)用。這就必須明確裝船的各項費(fèi)用應(yīng)由誰負(fù)擔(dān)。為了說明裝船費(fèi)用的負(fù)擔(dān)問題, 雙方往往在 FOB 術(shù)語后加列附加條件,這就形成了FOB 的變形,主要有以下幾種變形 :

1.FOB Liner Terms(FOB 班輪條件)這一變形是指裝船費(fèi)用按照班輪的做法處理,即由船方或買

方承擔(dān)。所以,采用這一變形，賣方不負(fù)擔(dān)裝船的有關(guān)費(fèi)用。(集裝箱班輪按此原則處理)

2.FOB Under Tackle(FOB 吊鉤下交貨)

指賣方負(fù)擔(dān)費(fèi)用將貨物交到買方指定船只的吊鉤所及之處 ,而吊裝入艙以及其他各項費(fèi)用,概由買方負(fù)擔(dān)。

3.FOB Stowed(FOB 理艙費(fèi)在內(nèi))指賣方負(fù)責(zé)將貨物裝入船艙并承擔(dān)包括理艙費(fèi)在內(nèi)的裝船費(fèi)用。理艙費(fèi)是指貨物入艙后進(jìn)行安置和整理的費(fèi)用。4.FOB Trimmed(FOB平艙費(fèi)在內(nèi))

賣方負(fù)責(zé)將貨物裝入船艙并承擔(dān)包括平艙費(fèi)在內(nèi)的裝船費(fèi)用。平艙費(fèi)是指對裝入船艙的散裝貨物進(jìn)行平整所需的費(fèi)用。按照我國對外貿(mào)易運(yùn)輸?shù)膫鹘y(tǒng)慣例散貨與集裝箱班輪運(yùn)輸?shù)牧?xí)慣做法是完全不同的。集裝箱班輪運(yùn)價是依照海商法第 46 條明確的集裝箱承運(yùn)人的責(zé)任范圍是始發(fā)港場站至目的港場站(CY-CY)的原則制定的。按此價格條款,集裝箱班輪運(yùn)價自然也包括了始發(fā)港和目的港的碼頭作業(yè)費(fèi)。

然而，如今班輪公司隨意破壞這些慣例,在 FOB 集裝箱班輪條款下，承運(yùn)人在運(yùn)費(fèi)之外向與運(yùn)輸合同無關(guān)的第三方(即 FOB 出口商)廣泛收取非透明的碼頭作業(yè)費(fèi)(terminal handling charge)、單證費(fèi)(documentation fee)、集裝箱鉛封費(fèi)(container sealing fee)等。

上述這些費(fèi)用本來已包括在班輪條款運(yùn)費(fèi)之中，班輪公司在運(yùn)費(fèi)之外另收上述費(fèi)用是雙重收費(fèi)。FOB 出口商與承運(yùn)人對此爭論非常激烈，但是弱勢的 FOB 出口商群體只能被迫支付不該付的 THC。集裝箱班輪運(yùn)輸是國際貿(mào)易最主要的現(xiàn)代運(yùn)輸方式,占全球貿(mào)易 90%以上，為了避免不必要的糾紛，中國外經(jīng)貿(mào)企業(yè)協(xié)會曾向商務(wù)部提出建議國際商會在制定新的國際貿(mào)易術(shù)語時，尤其是 FOB

術(shù)語，要特別對集裝箱班輪條款 FOB-container liner term 的費(fèi)用與責(zé)任風(fēng)險進(jìn)行劃分和說明，即:“在集裝箱FOB-container liner term情況下，運(yùn)價應(yīng)以CY/CY(集裝箱堆場到集裝箱堆場)、CFS/CFS(集裝箱貨運(yùn)站到集裝箱貨運(yùn)站)和 Door/Door(門到門)”等現(xiàn)代運(yùn)輸方式和責(zé)任范圍來確定，班輪公司的責(zé)任期間是指自接收貨物時起至目的港交付貨物時為止，在此期間的費(fèi)用與責(zé)任風(fēng)險由班輪公司負(fù)擔(dān)”。此建議同時由亞洲貨主協(xié)會向ICC提出。

以上建議在Incotenn s2010 中未來得及采納，但 ICC 已注意到碼頭作業(yè)費(fèi)被重復(fù)征收問題，期望以后修改時能對 FOB Liner term 集裝箱班輪CY-CY 價格條款的責(zé)任與費(fèi)問題予以明確解釋。

目前我國傳統(tǒng)的 FOB 出口商仍然習(xí)慣使用 FOB 價格條款，盡管 ICC Incoterms-2000 引進(jìn)了比FOB 條款更為有利的 FCA(貨交承運(yùn)人)價格條款，而且至今已第十七個年頭，但使用 FCA 價格新術(shù)語的極少，主要是 FOB 價格術(shù)語及其變形的操作辦法廣泛被應(yīng)用成了習(xí)慣。然 FOB 價格條款仍然有效，如果是集裝箱貨，使用 FOB 條款時必須在 FOB 后面加上 liner term 字樣，因為 FOB liner term 變形術(shù)語仍然可用，海商法明確的集裝箱班輪場站至場站 CY-CY 的責(zé)任范圍未變，目前實(shí)際操作方法仍然未變，CY-CY 定價機(jī)制仍然未變。只要是集裝箱出口貨，無論采用FOBlinerterm 或是FCA 價格條款性質(zhì)都是一樣的，都是貨交承運(yùn)人就可以了。因此為了避免班輪公司對 FOB 術(shù)語的片面理解，斷章取義，鉆空子亂收費(fèi)，建議中國集裝箱貨出口商盡量采用 FCA 價格條款，取代傳統(tǒng)的 FOB 條款。這樣更直截了當(dāng)，避免不必要的糾紛。

注:本文轉(zhuǎn)自中國對外貿(mào)易經(jīng)濟(jì)合作企業(yè)協(xié)會

第三篇：國際貿(mào)易術(shù)語解釋

國際貿(mào)易術(shù)語解釋

2010年國際貿(mào)易術(shù)語解釋,EXW、FCA、CPT、CIP、DAT、DAP、DDP 國際貿(mào)易術(shù)語2010主要變化： 1.術(shù)語分類的調(diào)整： 由原來的EFCD 四組分為適用于兩類：適用于各種運(yùn)輸方式和水運(yùn)

2、貿(mào)易術(shù)語的數(shù) 2010年國際貿(mào)易術(shù)語解釋,EXW、FCA、CPT、CIP、DAT、DAP、DDP 國際貿(mào)易術(shù)語2010主要變化：

1.術(shù)語分類的調(diào)整：

由原來的EFCD 四組分為適用于兩類：適用于各種運(yùn)輸方式和水運(yùn)

2、貿(mào)易術(shù)語的數(shù)量由原來的13種變?yōu)?1種。《通則2010》的分類 新版本改變了《通則2000》將13個貿(mào)易術(shù)語分為EFCD四組的做法，而將11種術(shù)語分成了如下截然不同的兩類：

第一組：適用于任何運(yùn)輸方式的術(shù)語七種：EXW、FCA、CPT、CIP、DAT、DAP、DDP。

EXW（ex works）工廠交貨

FCA（free carrier）貨交承運(yùn)人

CPT（carriage paid to）運(yùn)費(fèi)付至目的地

CIP（carriage and insurance paid to）運(yùn)費(fèi)/保險費(fèi)付至目的地

DAT（delivered at terminal）目的地或目的港的集散站交貨

DAP（delivered at place）目的地交貨

DDP（delivered duty paid）完稅后交貨

第二組：適用于水上運(yùn)輸方式的術(shù)語四種： FAS、FOB、CFR、CIF。

FAS（free alongside ship）裝運(yùn)港船邊交貨

FOB（free on board）裝運(yùn)港船上交貨

CFR（cost and freight）成本加運(yùn)費(fèi)

CIF（cost insurance and freight）成本、保險費(fèi)加運(yùn)費(fèi)

3、刪除INCOTERMS2000中四個D組貿(mào)易術(shù)語，即DDU(Delivered Duty Unpaid)、DAF(Delivered At Frontier)、DES(Delivered Ex Ship)、DEQ(Delivered Ex Quay)，只保留了INCOTERMS2000D組中的DDP（Delivered Duty Paid）。

4、新增加兩種D組貿(mào)易術(shù)語，即DAT（Delivered At Terminal）與DAP（Delivered At Place）。

5、E組、F組、C組的貿(mào)易術(shù)語基本沒有變化。

如何應(yīng)用國際貿(mào)易術(shù)語2010通則(文捷ex)

DAT（delivered at terminal）目的地或目的港的集散站交貨

類似于取代了的DEQ術(shù)語，指賣方在指定的目的地或目的港的集散站卸貨后將貨物交給買方處置即完成交貨，術(shù)語所指目的地包括港口。賣方應(yīng)承擔(dān)將貨物運(yùn)至指定的目的地或目的港的集散站的一切風(fēng)險和費(fèi)用（除進(jìn)口費(fèi)用外）。本術(shù)語適用于任何運(yùn)輸方式或多式聯(lián)運(yùn)。

DAP（delivered at place）目的地交貨

類似于取代了的DAF、DES和DDU三個術(shù)語，指賣方在指定的目的地交貨，只需做好卸貨準(zhǔn)備無需卸貨即完成交貨。術(shù)語所指的到達(dá)車輛包括船 舶，目的地包括港口。賣方應(yīng)承擔(dān)將貨物運(yùn)至指定的目的地的一切風(fēng)險和費(fèi)用（除進(jìn)口費(fèi)用外）。本術(shù)語適用于任何運(yùn)輸方式、多式聯(lián)運(yùn)方式及海運(yùn)。

《2010年國際貿(mào)易術(shù)語解釋通則》(International Rules for the Interpretation of Trade Terms 2010, 縮寫Incoterms? 2010)是國際商會根據(jù)國際貨物貿(mào)易的發(fā)展，對《2000年國際貿(mào)易術(shù)語解釋通則》的修訂，2010年9月27日公布，于2011年1月1日實(shí)施。法|律教育網(wǎng)整 理

《2010年國際貿(mào)易術(shù)語解釋通則》刪去了《2000年國際貿(mào)易術(shù)語解釋通則》4個術(shù)語：DAF(Delivered at Frontier)邊境交貨、DES(Delivered Ex Ship)目的港船上交貨、DEQ(Delivered Ex Quay)目的港碼頭交貨、DDU(Delivered Duty Unpaid)未完稅交貨，新增了2個術(shù)語：DAT（delivered at terminal）在指定目的地或目的港的集散站交貨、DAP（delivered at place）在指定目的地交貨。即用DAP取代了DAF、DES和DDU三個術(shù)語，DAT取代了DEQ，且擴(kuò)展至適用于一切運(yùn)輸方式。

修訂后的《2010年國際貿(mào)易術(shù)語解釋通則》取消了“船舷”的概念，賣方承擔(dān)貨物裝上船為止的一切風(fēng)險，買方承擔(dān)貨物自裝運(yùn)港裝上船后的一切風(fēng) 險。在FAS，F(xiàn)OB，CFR和CIF等術(shù)語中加入了貨物在運(yùn)輸期間被多次買賣（連環(huán)貿(mào)易）的責(zé)任義務(wù)的劃分。考慮到對于一些大的區(qū)域貿(mào)易集團(tuán)內(nèi)部貿(mào)易的 特點(diǎn)，規(guī)定，Incoterms? 2010不僅適用于國際銷售合同，也適用于國內(nèi)銷售合同。

《2010年國際貿(mào)易術(shù)語解釋通則》共有11種貿(mào)易術(shù)語，按照所適用的運(yùn)輸方式劃分為兩大類：

第一組：適用于任何運(yùn)輸方式的術(shù)語七種：EXW、FCA、CPT、CIP、DAT、DAP、DDP。

EXW（ex works）工廠交貨

FCA（free carrier）貨交承運(yùn)人

CPT（carriage paid to）運(yùn)費(fèi)付至目的地

CIP（carriage and insurance paid to）運(yùn)費(fèi)/保險費(fèi)付至目的地

DAT（delivered at terminal）目的地或目的港的集散站交貨

DAP（delivered at place）目的地交貨

DDP（delivered duty paid）完稅后交貨

第二組：適用于水上運(yùn)輸方式的術(shù)語四種： FAS、FOB、CFR、CIF。

FAS（free alongside ship）裝運(yùn)港船邊交貨

FOB（free on board）裝運(yùn)港船上交貨

CFR（cost and freight）成本加運(yùn)費(fèi)

CIF（cost insurance and freight）成本、保險費(fèi)加運(yùn)費(fèi)

國際貿(mào)易術(shù)語是一種將商業(yè)慣例反映在貨物銷售合同中的價格術(shù)語，其描述了涉及貨物從賣方到買方交付過程中的買賣雙方各自承擔(dān)的主要責(zé)任、費(fèi)用和風(fēng)險。

2010 Incoterms 2010 in the income lessen over in the application, users should be explicit:

總結(jié)Incoterms 2010在銷售合同中的應(yīng)用，使用者應(yīng)明確：

對其合同的而言，此通則并不是自動適用的，具有任意性。

對于合同各方當(dāng)事人意欲任何一種2010通則中的國際貿(mào)易術(shù)語適用其合同的情形，其應(yīng)當(dāng)在合同中清楚具體地訂明，通過諸如“所用術(shù)語，選擇于2010通則”等語句。

此通則并不包含一整套的合同條款。

因此，比如，盡管通則中規(guī)定當(dāng)何方當(dāng)事人承擔(dān)運(yùn)費(fèi)或作保險安排，什么時候賣方將貨物交給買方以及各方當(dāng)事人應(yīng)承擔(dān)何種費(fèi)用，但是通則中并未涉及 到有關(guān)貨物價格和所有權(quán)，或者違反合同約定的后果等內(nèi)容。這些問題通常是通過合同中相關(guān)明示條款或者專門管轄合同的法律來解決。同樣地，當(dāng)事人應(yīng)當(dāng)清楚當(dāng) 地強(qiáng)制性的法律較包括所選貿(mào)易術(shù)語在內(nèi)的合同中的任何規(guī)定都具有優(yōu)先權(quán)。

選擇適當(dāng)特定的術(shù)語。

所選術(shù)語需要適合于標(biāo)的貨物，運(yùn)輸方式，而且最重要的是要適合于各方當(dāng)事人是否有意將更多的責(zé)任賦予到賣方或買方，比如安排運(yùn)輸或保險的責(zé)任。每種術(shù)語的指南中包含一些特別有用的關(guān)于何時作出這些選擇的信息。然而，包含在指南中的信息并不構(gòu)成所選術(shù)語的一部分。只有各方當(dāng)事人指定地點(diǎn)或港口，所選術(shù)語才形成有效的，而且指定的地點(diǎn)或港口越精確越奏效。

如以下的精確描述就是一個很好的例子：

“FCA(38 Cours Albert 1er, Paris, France)Incoterms 2010”.（2010通則FCA術(shù)語，法國巴黎，38 Cours Albert 1er）

指定地點(diǎn)是交貨點(diǎn)，即風(fēng)險轉(zhuǎn)移給買方的點(diǎn)；但是在C組術(shù)語中，指定地點(diǎn)指的是運(yùn)費(fèi)已付的地點(diǎn)。為了更好避免疑問和爭議，指定地點(diǎn)或目的地可以進(jìn)一步闡述為一個精確的點(diǎn)。

2000通則和2010通則的主要區(qū)別

一種新的術(shù)語——DPA

通則已經(jīng)將13種不同的術(shù)語減為11種。這是由一種新的術(shù)語，DAP，地點(diǎn)交貨，取代DAF，DES和DDU而實(shí)現(xiàn)的。所謂DAP術(shù)語，就像被 取代的那些術(shù)語，是“實(shí)質(zhì)性交貨”術(shù)語，在將貨物運(yùn)至目的地過程中涉及的到所有費(fèi)用和風(fēng)險由賣方承擔(dān)。此術(shù)語適用于任何運(yùn)輸方式，因此也適用于各種 DAF，DES以及DDU以前被使用過的情形。

11種貿(mào)易術(shù)語的分類

2000通則中的13種術(shù)語按術(shù)語縮寫首字母分成四組，即，E組（EXW），F(xiàn)組，C組以及F組。這種分類反映了賣方對于買方的責(zé)任程度。FCA，或者適用國內(nèi)貿(mào)易的EXW，利用交貨的完成以及在盡可能早的時間把風(fēng)險轉(zhuǎn)移給買方從而賦予賣方最少的責(zé)任。相反地，D組術(shù)語，或者說“實(shí)質(zhì)性交 貨”術(shù)語，利用交貨的完成以及在盡可能晚的時間把風(fēng)險轉(zhuǎn)移給買方從而賦予賣方最多的責(zé)任。這種分類仍然很重要，尤其是在當(dāng)事人對2010通則中的中11種 貿(mào)易術(shù)語作出選擇時。

然而，2010通則將這11種術(shù)語分成了截然不同的兩類。

第一類包括那些適用于任何運(yùn)輸方式，包括多式運(yùn)輸?shù)牧N術(shù)語。EXW，F(xiàn)CA，CPT，CIP，DAP和DDP術(shù)語這類。這些術(shù)語可以用于沒有 海上運(yùn)輸?shù)那樾巍５?jǐn)記，這些術(shù)語能夠用于船只作為運(yùn)輸?shù)囊徊糠值那樾危灰u方交貨點(diǎn)，或者貨物運(yùn)至買方的地點(diǎn)，或者兩者兼?zhèn)洌诖锨懊妗?/p>

第二類，實(shí)際上包含了比較傳統(tǒng)的只適用于海運(yùn)或內(nèi)河運(yùn)輸?shù)?種術(shù)語。這類術(shù)語條件下，賣方交貨點(diǎn)和貨物運(yùn)至買方的地點(diǎn)均是港口，所以“唯海運(yùn)不可”就是這類術(shù)語標(biāo)簽。FAS，F(xiàn)OB，CFR，CIF和DEQ屬于本類術(shù)語。

國內(nèi)和國際貿(mào)易術(shù)語

貿(mào)易術(shù)語在傳統(tǒng)上被運(yùn)用于表明貨物跨越國界傳遞的國際銷售合同。然而，世界上一些地區(qū)的大型貿(mào)易集團(tuán)，像東盟和歐洲單一市場的存在，使得原本實(shí) 際存在的邊界通關(guān)手續(xù)變得不再那么有意義。因此，2010通則的編撰委員會認(rèn)識到這些術(shù)語對國內(nèi)和國際銷售合同都是適用的；所以，2010通則在一些地方 作出明確說明，只有在適用的地方，才有義務(wù)遵守出口/進(jìn)口所需的手續(xù)。

兩方面的發(fā)展使國際商會確信在這個方向上作一個改動是適時的。首先，一個強(qiáng)有力的證據(jù)就是事實(shí)上很多交易者將通則普遍運(yùn)用于純粹的內(nèi)貿(mào)合同。另一個原因就是在美國人們更愿意選擇通則而不是統(tǒng)一商法典裝運(yùn)和交貨條款運(yùn)用于國內(nèi)貿(mào)易。使用指南

每一種2010通則中的術(shù)語在其條款前面都有一個使用指南。指南解釋了每種術(shù)語的基本原理：何種情況應(yīng)使用次術(shù)語；風(fēng)險轉(zhuǎn)移點(diǎn)是什么；費(fèi)用在買賣是如何分配的。這些指南并不是術(shù)語正式規(guī)則的一部分：它們是用來幫助和引導(dǎo)使用者準(zhǔn)確有效地為特定交易選擇合適的術(shù)語。

電子通訊

通則的早期版本已經(jīng)對需要的單據(jù)作出了規(guī)定，這些單據(jù)可被電子數(shù)據(jù)交換信息替代。不過現(xiàn)在2010通則賦予電子通訊方式完全等同的功效，只要各方當(dāng)事人達(dá)成一致或者在使用地是慣例。在2010的生命期里，這一規(guī)定有利于新的電子程序的演變發(fā)展。法|律教育網(wǎng)整理

保險

2010通則是自全協(xié)會貨物保險條款修改以來的第一個版本，這個最新版本在所修改內(nèi)容中充分考慮了這些保險同款的變動。2010通則在涉及運(yùn)輸 和保險合同的A3/A4條款中羅列了有關(guān)保險責(zé)任的內(nèi)容，原本它們屬于內(nèi)容比較泛化而且有著比較泛化標(biāo)題“其他義務(wù)”的A10/B10款。在這方面，為了 闡明當(dāng)事人的義務(wù)，對A3/A4款中涉及保險的內(nèi)容作出修改。

有關(guān)安全的核準(zhǔn)書及這種核準(zhǔn)書要求的信息

如今對貨物在轉(zhuǎn)移過程中的安全關(guān)注度很高，因而要求檢定貨物不會因除其自身屬性外的原因而造成對生命財產(chǎn)的威脅。因此，在各種術(shù)語的A2/B2和A10/B10條款內(nèi)容中包含了取得或提供幫助取得安全核準(zhǔn)的義務(wù)，比如貨物保管鏈。

碼頭裝卸費(fèi)

按照“C”組術(shù)語，賣方必須負(fù)責(zé)將貨物運(yùn)輸至約定目的地：表面上是賣方自負(fù)運(yùn)輸費(fèi)用，但實(shí)際上是由買方負(fù)擔(dān)，因為賣方早已把這部分費(fèi)用包含在最 初的貨物價格中。運(yùn)輸成本有時包括貨物在港口內(nèi)的裝卸和移動費(fèi)用，或者集裝箱碼頭設(shè)施費(fèi)用，而且承運(yùn)人或者碼頭的運(yùn)營方也可能向接受貨物的買方收取這些費(fèi) 用。譬如，在這些情況下，買方就要注意避免為一次服務(wù)付兩次費(fèi)，一次包含在貨物價格中付給賣方，一次單獨(dú)付給承運(yùn)人或碼頭的運(yùn)營方。2010通則在相關(guān)術(shù) 語的A6/B6條款中對這種費(fèi)用的分配作出了詳細(xì)規(guī)定，旨在避免上述情況的發(fā)生。

連串銷售

在商品的銷售中，有一種和直接銷售相對的銷售方式，貨物在沿著銷售鏈運(yùn)轉(zhuǎn)的過程中頻繁地被銷售好幾次。在這種情況下，在一連串銷售中間的銷售商 并不將貨物“裝船”，因為它們已經(jīng)由處于這一銷售串中的起點(diǎn)銷售商裝船。因此，連串銷售的中間銷售商對其買方應(yīng)承擔(dān)的義務(wù)不是將貨物裝船，而是“設(shè)法獲 取”已裝船貨物。著眼于貿(mào)易術(shù)語在這種銷售中的應(yīng)用，2010通則的相關(guān)術(shù)語中同時規(guī)定了“設(shè)法獲取已裝船貨物”和將貨物裝船的義務(wù)。

術(shù)語的使用解釋

2000通則中，按照鏡像原則，A條款下反映的是賣方的義務(wù)，相應(yīng)地，B條款下反映的是買方的義務(wù)。但是由于一些短語的使用貫穿整個文件，2010通則打算在其正文中對以下被列出來的詞語不再作解釋，以以下注解為準(zhǔn)。

承運(yùn)人：就2010通則而言，承運(yùn)人是指簽署運(yùn)輸合同的一方。

出口清關(guān)：遵照各種規(guī)定辦理出口手續(xù)，并支付各種稅費(fèi)。法|律教育網(wǎng)整理

交貨：這個概念在貿(mào)易法律和慣例中有著多重含義，但是2010通則中用其來表示貨物缺損的風(fēng)險從賣方轉(zhuǎn)移到買方的點(diǎn)。

電子數(shù)據(jù)：由一種或兩種以上的和相應(yīng)紙質(zhì)文件功效等同的電子訊息組成的的一系列信息。

‘包裝’和‘存放’：這些短語被用于不同的目的：

1.遵照合同中所有的要求的貨物包裝。

2.使貨物適合運(yùn)輸?shù)陌b。

3.已包裝好的商品轉(zhuǎn)載進(jìn)貨柜或其他運(yùn)輸工具。

在2010通則中，包裝的含義包括以上第一種和第二種。2010通則沒有涉及到貨物在貨柜中的裝載義務(wù)由誰承擔(dān)，所以，相關(guān)當(dāng)事人應(yīng)在合同中對此作出明確規(guī)定。

第四篇：國際貿(mào)易英文術(shù)語

商檢 費(fèi) commodity inspection fee

海運(yùn) 費(fèi) ocean freight

集卡運(yùn)費(fèi)、短駁費(fèi) Drayage

訂艙費(fèi) booking charge

轉(zhuǎn)運(yùn)費(fèi) transportation charge

污箱費(fèi) container dirtyness change

壞箱費(fèi)用 container damage charge

清潔箱費(fèi) container clearance charge

分撥費(fèi) dispatch charge

報關(guān) 費(fèi) customs clearance fee

操作勞務(wù)費(fèi) labour fee or handling charge

商檢 換單費(fèi) exchange fee for CIP

換單費(fèi) D/O fee

拆箱費(fèi) De-vanning charge

港雜費(fèi) port sur-charge

電放費(fèi) B/L surrender fee

沖關(guān)費(fèi) emergent declearation change 海關(guān) 查驗費(fèi) customs inspection fee 提箱費(fèi) container stuffing charge 滯期費(fèi) demurrage charge 滯箱費(fèi) container detention charge 卡車運(yùn)費(fèi) cartage fee

車上交貨 FOT(free on track)

電匯手續(xù)費(fèi) T/T fee

轉(zhuǎn)境費(fèi)/過境費(fèi) I/E bonded charge

待時費(fèi) waiting charge

倉儲費(fèi) storage fee

改單費(fèi) amendment charge

拼箱 服務(wù)費(fèi) LCL service charge

動、植檢疫費(fèi) animal & plant quarantine fee

移動式其重機(jī)費(fèi) mobile crane charge

進(jìn)出庫費(fèi) warehouse in/out charge

PRICE 價格

FOB Liner Terms FOB 班輪條款

FOB under tackle FOB吊鉤下交貨

FOB stowed(FOBS)船上交貨并理艙

FOB trimmed(FOBT)船上交貨并平艙

FOB stowed and trimmed(FOBST)船上交貨并理艙和平艙

CFR Liner Terms 貿(mào)易術(shù)語款

CFR Landed CFR 卸到岸上

CFR EX Tackle CFR吊鉤下交貨

CFR EX Ship’s Hold CFR艙底交貨

Documents against acceptance(D/A)承兌交單

Documents against payment(D/P)付款交單

Documents against payment after sight(date)遠(yuǎn)期付款交單

PAYMENT 支付

Draft 匯票

Draft(bill of exchange)匯票

Trade bill 商業(yè)匯票

Banker’s draft 銀行匯票

Clean bill(of exchange)光票

Documentary bill(of exchange)跟單匯票

Draft with(without)recourse 有(無)追索權(quán)的匯票

Sight draft 即期匯票

Time draft(usance draft)遠(yuǎn)期匯票

To order 空白抬頭

Blank endorsement 空白背書

Discount 貼現(xiàn)

Remittance 匯付方式

M/T(Mail transfer)信匯

T/T(telegraphic transfer)電匯

D/D(demand draft，remittance by bank’s demand draft)票匯

Check(cheque)支票

Promissory note 本票

International postal money order 國際郵政匯票

Payment 支付方式

Cash payment(cash against documents)現(xiàn)付

Cash on delivery(C.O.D.)交貨付現(xiàn)

Cash with order(C.W.O.)隨訂單付現(xiàn)

Deferred(delayed)payment 延付

Dishonour 拒付，退票

Payment by installments 分期支付

Open account trade(O.A.T.)記賬交易

Collection 托收

Clean collection(collection on clean bill)光票 托收

Documentary collection(collection on documents)跟單 托收

Documents against payment(D/P)付款交單

D/P at sight 即期付款交單

D/P after sight 遠(yuǎn)期付款交單

D/A(Documents against acceptance)承兌交單

L/G(letter of guarantee)銀行保證書

Payment by banker’s letter of guarantee(payment by banker’s L/G)憑銀行保證書支付

L/C(letter of credit)Payment by letter of credit(payment by L/C)憑 信用證 支付 信用證

L/C(letter of credit)信用證 信用證

Irrevocable credit 不可撤銷信用證

Revocable credit 可撤銷信用證

Confirmed credit 保兌信用證

Unconfirmed credit 未加保兌信用證

Documentary credit 跟單信用證

Clean credit 光票信用證

Acceptance credit 承兌信用證

Sight credit 即期信用證

Usance(time)credit 遠(yuǎn)期信用證

Transferable credit 可轉(zhuǎn)讓信用證

Non-transferable credit 不可轉(zhuǎn)讓信用證

Divisible credit 可分刈信用證

Anticipatory credit 預(yù)支信用證

Red clause credit 紅條款，預(yù)支信用證

Back to back credit 背對背信用證

Revolving credit 循環(huán)信用證

Unrevolving credit 非循環(huán)信用證

Reciprocal credit 對開信用證

Stand-by credit(commercial paper credit，guarantee credit，performance credit)備用信用證

CONTRACT 合同

Sales contract(confirmation)銷貨合同(確認(rèn)書)Purchase contract(confirmation)購貨合同(確認(rèn)書)Confirmation of order 訂單確認(rèn)書

Distributorship contract(agreement)經(jīng)銷合同(協(xié)議)Sole distributorship contract(agreement)獨(dú)家經(jīng)銷合同(協(xié)議)

Exclusive(sole)sales contract(agreement)包銷合同(協(xié)議)

Consignment contract(agreement)寄售合同(協(xié)議)

Agency contract(agreement)代理合同(協(xié)議)

Time to volume 及時大量生產(chǎn)

Time to money 及時大量交貨

FOUR CONTROL YSTEM 四大管制系統(tǒng)

Engineering control system 工程管制系統(tǒng)

Quality control system質(zhì)量管理系統(tǒng)

Manufacturing control system生產(chǎn)管制系統(tǒng)

Management control system經(jīng)營管制系統(tǒng)

Classification整理(sorting, organization)-seiri

Regulation整頓(arrangement, tidiness)-seiton

Cleanliness清掃(sweeping, purity)-seiso

Conservation清潔(cleaning, cleanliness)-seiktsu

Culture教養(yǎng)(discipline)-shitsuke

Save 節(jié)約

Safety安全

質(zhì)量人員名稱類

QC quality control 品質(zhì)管理人員

FQC final quality control 終點(diǎn)質(zhì)量管理人員

IPQC in process quality control 制程中的質(zhì)量管理人員

OQC output quality control 最終出貨質(zhì)量管理人員

IQC incoming quality control 進(jìn)料質(zhì)量管理人員

TQC total quality control 全面質(zhì)量管理

POC passage quality control 段檢人員

QA quality assurance 質(zhì)量保證人員

OQA output quality assurance 出貨質(zhì)量保證人員

QE quality engineering 質(zhì)量工程人員

質(zhì)量保證類

FAI first article inspection 新品首件檢查

FAA first article assurance 首件確認(rèn)

CP capability index 能力指數(shù)

CPK capability process index 模具制程能力參數(shù)

SSQA standardized supplier quality audit 合格供貨商質(zhì)量評估

FMEA failure model effectiveness analysis 失效模式分析

FQC運(yùn)作類

AQL Acceptable Quality Level 運(yùn)作類允收質(zhì)量水平

S/S Sample size 抽樣檢驗樣本大小

ACC Accept 允收

REE Reject 拒收

CR Critical 極嚴(yán)重的MAJ Major 主要的MIN Minor 輕微的

Q/R/S Quality/Reliability/Service 質(zhì)量/可靠度/服務(wù)

P/N Part Number 料號

L/N Lot Number 批號

AOD Accept On Deviation 特采

UAI Use As It 特采

FPIR First Piece Inspection Report 首件檢查報告

PPM Percent Per Million 百萬分之一

制程統(tǒng)計品管專類

SPC Statistical Process Control 統(tǒng)計制程管制

SQC Statistical Quality Control 統(tǒng)計質(zhì)量管理

GRR Gauge Reproductiveness & Repeatability 量具之再制性及重測性判斷量可靠與否

DIM Dimension 尺寸

DIA Diameter 直徑

N Number 樣品數(shù)

其它質(zhì)量 術(shù)語 類

QIT Quality Improvement Team 質(zhì)量改善小組

ZD Zero Defect 零缺點(diǎn)

QI Quality Improvement 質(zhì)量改善

QP Quality Policy 目標(biāo)方針

TQM Total Quality Management 全面質(zhì)量管理

RMA Return Material Audit 退料認(rèn)可

7QCTools 7 Quality Control Tools 品管七大手法

通用之件類

ECN Engineering Change Notice 工程變更通知(供貨商)

ECO Engineering Change Order 工程改動要求(客戶)

PCN Process Change Notice 工序改動通知

PMP Product Management Plan 生產(chǎn)管制計劃

SIP Standard Inspection Procedure 制程檢驗標(biāo)準(zhǔn)程序

SOP Standard Operation Procedure 制造作業(yè)規(guī)范

IS Inspection Specification 成品檢驗規(guī)范

BOM Bill Of Material 物料清單

PS Package Specification 包裝規(guī)范

SPEC Specification 規(guī)格

DWG Drawing 圖面

系統(tǒng)文件類

ES Engineering Standard 工程標(biāo)準(zhǔn)

CGOO China General PCE龍華廠文件

IWS International Workman Standard 工藝標(biāo)準(zhǔn)

ISO International Standard Organization 國際標(biāo)準(zhǔn)化組織

GS General Specification 一般規(guī)格

部門類

PMC Production & Material Control 生產(chǎn)和物料控制

PCC Product control center 生產(chǎn)管制中心

PPC Production Plan Control 生產(chǎn)計劃控制

MC Material Control 物料控制

DC Document Center 資料中心

QE Quality Engineering 質(zhì)量工程(部)

QA Quality Assurance 質(zhì)量保證(處)

QC Quality Control 質(zhì)量管理(課)

PD Product Department 生產(chǎn)部

LAB Laboratory 實(shí)驗室

IE Industrial Engineering 工業(yè)工程

R&D Research & Design 設(shè)計開發(fā)部

第五篇：國際貿(mào)易術(shù)語解釋通則

國際貿(mào)易術(shù)語解釋通則

國際貿(mào)易術(shù)語解釋通則（１９９０年４月國際商會第五次修訂，同年７月１日生效）序言

目的

１．本通則的目的是為在對外貿(mào)易中最經(jīng)常使用的貿(mào)易術(shù)語的解釋提供一套國際規(guī)則。這樣，在不同國家對這類術(shù)語作不同解釋的不確定性可以避免，或至少可減至最低程度。

２．合同的當(dāng)事人往往對他們各自國家里不同的貿(mào)易慣例并不一定了解，這樣就會發(fā)生誤解、爭議、訴訟，金錢和時間都白白浪費(fèi)了。為了補(bǔ)救起見，國際商會于１９３６年首次出版了一組解釋國際貿(mào)易術(shù)語的規(guī)則。這些規(guī)則稱為《國際貿(mào)易術(shù)語解釋規(guī)則１９３６》，其后又于１９５３、１９６７、１９７６、１９８０年作了修改和增補(bǔ)，現(xiàn)在的１９９０年版是為了使這些規(guī)則與當(dāng)前國際貿(mào)易的做法相一致。修訂原則

３．出版１９９０年修訂本的主要原因是企圖使貿(mào)易術(shù)語與電子數(shù)據(jù)交換系統(tǒng)（ＥＤＩ）使用的日益增加相適應(yīng)。在當(dāng)前的１９９０年版本中，當(dāng)事人有義務(wù)提供各種單據(jù)（例如商業(yè)發(fā)票、清關(guān)所需的單據(jù)或證明已經(jīng)交貨的單據(jù)以及運(yùn)輸單據(jù)）時，這樣做就有了可能。當(dāng)賣方必須提供可流通的運(yùn)輸單據(jù)（提單）時，就有這種特殊需要，因為提單一般經(jīng)常用作出售運(yùn)輸過程中貨物之用。在這種情況下，在使用電子數(shù)據(jù)交換系統(tǒng)信息時，保證買方所具有的法律地位與他從賣方那里收到提單時所處的地位一樣，就有特別重要的意義。新的運(yùn)輸技術(shù)

４．進(jìn)行修改的另一個理由是由于運(yùn)輸技術(shù)的變化，特別是在集裝箱運(yùn)輸、多式聯(lián)運(yùn)和在近海運(yùn)輸中與陸路車輛及鐵路車皮相銜接的滾裝（Ｒｏｌｌ ｏｎ－Ｒｏｌｌ ｏｆｆ）運(yùn)輸中所采用的貨物單位化（Ｕnitisation）所引起的變化。在１９９０年的新版本中，“向承運(yùn)人交貨術(shù)語（Ｆree Carrier）…指定地點(diǎn)”（ＦＣＡ）已能適用于各種方式的運(yùn)輸，不管其方式如何或以何種不同方式結(jié)合。因此，在過去版本中所出現(xiàn)的術(shù)語，諸如涉及某一特殊運(yùn)輸方式的ＦＯＲ／ＦＯＴ和ＦＯＢ機(jī)場交貨術(shù)語已予刪除。新的編排方式

５．在國際商會工作組進(jìn)行修訂工作時，有人建議，為了便于閱讀和理解起見，用新的方式對貿(mào)易術(shù)語進(jìn)行編排。這些術(shù)語現(xiàn)基本上分為４組：第一類為“Ｅ”組，只有一個術(shù)語：ＥＸworks（賣方倉庫交貨）；第二類為“Ｆ”組，要求賣方向買方指定的承運(yùn)人交貨，其中包括ＦＣＡ（交至承運(yùn)人），ＦＡＳ（船邊交貨），ＦＯＢ（船上交貨）；第三類為“Ｃ”組，由賣方負(fù)責(zé)簽訂承運(yùn)合同，但對發(fā)生于裝船和發(fā)運(yùn)后貨物滅失或損壞的風(fēng)險，或其他費(fèi)用不負(fù)責(zé)任。其中包括ＣＦＲ（成本加運(yùn)費(fèi)），ＣＩＦ（成本加運(yùn)保費(fèi)），ＣＰＴ（運(yùn)費(fèi)付至…），ＣＩＰ（運(yùn)費(fèi)保險費(fèi)付至…）第四類為“Ｄ”組，由賣方承擔(dān)所有為把貨物運(yùn)至目的國所需的費(fèi)用和風(fēng)險，其中包括ＤＡＦ（邊境交貨），ＤＥＳ（目的港船上交貨），ＤＥＱ（目的港碼頭交貨），ＤＤＵ（完稅前交貨），ＤＤＰ（完稅后交貨）。茲將新的術(shù)語分類列表如下：

１９９０年國際貿(mào)易術(shù)語

E組發(fā)貨 EXWEX works 工廠交貨

F組主要 FCAFreeCarrier交至承運(yùn)人

運(yùn)費(fèi)未付 FASFreeAlongsideShip船邊交貨

FOBFreeOnBoard船上交貨

C組主要 CIFCost,lnsuranceandFreight成本加運(yùn)保費(fèi)

運(yùn)費(fèi)已付 CERCostandFreight成本加運(yùn)費(fèi)

CPTCarriagePaidto運(yùn)費(fèi)付至

CIPCarriageandlnsurancePaidto運(yùn)費(fèi)、保險費(fèi)付至

D組貨到DAFDeliveredatFrontier邊境交貨

DESDeliveredEXShip船上交貨

DEQDeliveredEXQuay碼頭交貨

DDUDeliveredDutyUnpaid完稅前交貨

DDPDeliveredDutyPaid完稅后交貨

此外，在所有上述術(shù)語下，當(dāng)事方各自的義務(wù)都按１０點(diǎn)分類，賣方應(yīng)履行的每一點(diǎn)也反映出買方相應(yīng)義務(wù)。比如，根據(jù)Ａ３款，賣方應(yīng)簽訂運(yùn)輸合同并支付相關(guān)費(fèi)用，而在買方義務(wù)的Ｂ３（運(yùn)輸合同）項下的“無義務(wù)”就表明買方的地位。無需多說，這并不意味著買方不可以在他需要時為自己的利益簽訂此類合同將貨物運(yùn)住所需目的地，買方只是對賣方并無這方面的義務(wù)。雖然在買方接收貨物后，賣方可能對買方如何處置貨物無興趣，但是，就雙方對關(guān)稅、稅收及其他法定收費(fèi)和報關(guān)手續(xù)費(fèi)用的劃分而言，本通則為清楚明白起見，列明了這類費(fèi)用在雙方間的劃分。相反，在某些術(shù)語下，比如在“Ｄ”字組下，買方對賣方將貨物運(yùn)住約定目的地所需的費(fèi)用也毫無興趣。港口或行業(yè)慣例

６．因為貿(mào)易術(shù)語必須可以應(yīng)用于不同行業(yè)及地區(qū)，所以就不可能精確地列出雙方的義務(wù)。因此，在某種程度上有時就必須參考某一行業(yè)或地區(qū)的慣例或雙方在以前交易中所定下的做法（比較１９８０年聯(lián)合國國際貨物銷售合同公約第九條）。當(dāng)然，最好的方法是買賣雙方在簽訂合同時弄清這類行業(yè)慣例，在發(fā)生疑問時，應(yīng)在銷貨合同中用相應(yīng)條款明確雙方的法律地位。每一合同中的這類特別規(guī)定應(yīng)優(yōu)先或可變更任何在各種貿(mào)易術(shù)語中列出的解釋規(guī)則。買方選擇權(quán)

７．在有些情況下，在簽訂合同時可能無法確切決定賣方將貨物交付運(yùn)輸或目的港的準(zhǔn)確地點(diǎn)或區(qū)域。因此，在這階段只提到一個“范圍”是一個較大的地域，比如，一個海港，一般還規(guī)定以后買方有權(quán)利或義務(wù)指定該范圍或范圍內(nèi)更確切的地點(diǎn)。如果買主如上述那樣在有指定確切地點(diǎn)的義務(wù)，而他未有履行此義務(wù)時，則他應(yīng)對由此而產(chǎn)生的風(fēng)險及額外費(fèi)用承擔(dān)責(zé)任。此外，如買方未使用其指定交貨地點(diǎn)的權(quán)利將使賣方有權(quán)為此選擇最適合賣方的交貨地點(diǎn)。清關(guān)手續(xù)

８．一般比較好的方法是由居住在應(yīng)報關(guān)國或至少在該國有代理人的那一方辦理報關(guān)手續(xù)。因此，出口報關(guān)手續(xù)一般由出口商辦，而進(jìn)口報關(guān)手續(xù)由進(jìn)口商辦。但是，在某些貿(mào)易術(shù)語中買方可能應(yīng)承擔(dān)在賣方國辦理出口報關(guān)手續(xù)（ＤＸＷ，ＦＡＳ），而在另外的術(shù)語中，賣方可能應(yīng)承擔(dān)在買方國辦理進(jìn)口報關(guān)手續(xù)（ＤＥＱ及ＤＤＰ）。毫無疑義，在這種情況下買賣雙方應(yīng)各自承擔(dān)任何禁止出口或進(jìn)口的風(fēng)險。另外，他們還應(yīng)確定，由不在該國居住者，或代不在該國居住者辦理報關(guān)手續(xù)，是否可為海關(guān)當(dāng)局接受。如果賣方承擔(dān)在買方國家的某地交貨，而貨物又不能在該貨辦妥報關(guān)手續(xù)前運(yùn)往該地，則如買方未履行其進(jìn)口報關(guān)義務(wù)，從而影響了買方將貨物交往該地的能力，這時就會產(chǎn)生特別的問題（見下面對ＤＤＵ的評論）。

有時買方希望在賣方所在地（在ＤＸＷ術(shù)語下）或船邊（在ＦＡＳ術(shù)語下）接收貨物，但要求賣方辦理出口報關(guān)手續(xù)，這時就應(yīng)在有關(guān)術(shù)語名稱下加上“辦理出口報關(guān)（ClearedforExport）”字樣，相反，如果賣方希望按ＤＥＱ或ＤＤＰ條件交貨，但不想全部或部分承擔(dān)貨物的進(jìn)口所應(yīng)付的關(guān)稅、稅收或其他法定收費(fèi)，這時就應(yīng)在ＤＥＱ術(shù)語后加“關(guān)稅未付（Duty Unpaid）”字樣，或排除賣方所不希望支付的特別稅收或費(fèi)用，如“增值稅不付（VATUnpaid）”。

還應(yīng)注意到在許多國家中外國公司不僅很難取得進(jìn)口許可證，也不易得到減稅待遇（如增值稅減免等）。“已交貨，關(guān)稅未付（Del-iveredDutyUnpaid）”就可免除賣方這方面的義務(wù)。

但是，有時負(fù)責(zé)將貨物運(yùn)至進(jìn)口國買方所在地的賣方，希望辦理報關(guān)手續(xù)但不付關(guān)稅，如果是這樣，ＤＤＵ術(shù)語就應(yīng)改成“ＤＤＵ，已報關(guān)（Cleared）”。其他Ｄ字組術(shù)語也可相應(yīng)改成“ＤＤＰ，增值稅未付（VATUnpaid）”，“ＤＥＱ關(guān)稅未付（DutyUnpaid）”。包裝

９．在大部分情況下，有關(guān)各方應(yīng)事先明確為安全將貨物運(yùn)至目的地應(yīng)使用什么包裝。但是，由于賣方包裝貨物的義務(wù)將視預(yù)定的運(yùn)輸方式和時期的不同而變化，所以必須規(guī)定賣方有義務(wù)按運(yùn)輸所要求的方式包裝貨物，但僅以合同簽訂時有關(guān)運(yùn)輸?shù)臓顩r已為賣方所知悉者為限（比較１９８０年聯(lián)合國國際貨物銷售合同公約第３５．１及３５．２．ｂ．條，該條規(guī)定貨物，包括包裝，應(yīng)“適合于訂立合同時明示或默示地通知賣方的任何特定目的，除非情況表明買方并不依賴賣方的技術(shù)和判斷力，或者這種依賴對他是不合理的”）。檢驗貨物

１０．在許多情況下買方可能已得到詳細(xì)通知可在賣方將貨物交付運(yùn)輸前或交付運(yùn)輸時進(jìn)行檢驗（即所謂裝船前檢驗）。除非合同另有規(guī)定，買方自己必須支付這種為其利益而作出檢驗的費(fèi)用。但是，如果檢驗是為了使賣方能符合其本國出口貨物的強(qiáng)制性規(guī)定而安排的，則賣方應(yīng)為此付費(fèi)。交至承運(yùn)人指定地點(diǎn)（ＦＣＡ）

１１．已經(jīng)說過，如果賣方必須將貨物交付給買方指定的承運(yùn)人才能完成其義務(wù)，可以使用ＦＣＡ術(shù)語。如果貨物不是按傳統(tǒng)的越過船舷方式交給船方，則這一條件也可適用于一切海運(yùn)。毫無疑義，如果要求賣方在船舶抵達(dá)前將貨物交給貨物終端站，傳統(tǒng)的ＦＯＢ術(shù)語就不適用。因為此時賣方已無法控制貨物或?qū)ω浳锏谋９馨l(fā)出指示，但卻必須承擔(dān)貨物的風(fēng)險和費(fèi)用。

必須強(qiáng)調(diào)，在Ｆ字組術(shù)語下，賣方必須按買方的指示將貨物交付運(yùn)輸。因為將由買方簽訂運(yùn)輸合同并指定船舶。因此，無需在貿(mào)易條件中精確說明賣方應(yīng)如何把貨物交與承運(yùn)人。然而，為使貿(mào)易雙方能將ＦＣＡ術(shù)語作為一種“超越一切的”Ｆ字組術(shù)語，還是對各種不同運(yùn)輸方式下的習(xí)慣交貨方式作出了解釋。

同樣，對“承運(yùn)人”下定義可能也是多余的，因為應(yīng)由買方指示賣方將貨物交與何人運(yùn)輸。但是，由于承運(yùn)人及運(yùn)輸單據(jù)對貿(mào)易雙方至關(guān)重要，所以在ＦＣＡ術(shù)語的序言中對“承運(yùn)人”下了定義。應(yīng)注意在那段文字中“承運(yùn)人”不僅是指實(shí)際履行運(yùn)輸?shù)钠髽I(yè)，還包括那些只承諾履行運(yùn)輸或取得履行運(yùn)輸?shù)钠髽I(yè)，只要它們承擔(dān)作為貨物承運(yùn)人的責(zé)任。換句話說，“承運(yùn)人”一詞既包括履約承運(yùn)人，也包括簽約承運(yùn)人。鑒于各國運(yùn)輸行在這方面的地位各有不同，還會依運(yùn)輸代理業(yè)的慣例而變化，序言中還提醒賣方必須依買方指示將貨物交與運(yùn)輸行，即使該運(yùn)輸行拒絕承擔(dān)承運(yùn)人的責(zé)任從而不在“承運(yùn)人”的定義范圍內(nèi)也應(yīng)如此。Ｃ組術(shù)語（ＣＦＧ，ＣＩＦ，ＣＰＴ及ＣＩＰ）

１２．在Ｃ組術(shù)語下，賣方必須自負(fù)費(fèi)用簽訂一般條件的運(yùn)輸合同。因此，在有關(guān)的術(shù)語后還應(yīng)表明賣方的運(yùn)輸費(fèi)用付至何處的地名。在ＣＩＦ及ＣＩＰ術(shù)語下，賣方還必須辦理保險并付保險費(fèi)。

由于劃分費(fèi)用的地點(diǎn)是在目的地國，Ｃ字組術(shù)語常常被錯誤地認(rèn)為是到貨合同，按照到貨合同，在貨物實(shí)際抵達(dá)約定地點(diǎn)前賣方不能免除其風(fēng)險及費(fèi)用。這里必須再次強(qiáng)調(diào)，Ｃ字組術(shù)語與Ｆ字組術(shù)語其性質(zhì)是相同的，賣方在裝運(yùn)國或發(fā)運(yùn)國履行完合同，因此，Ｃ字組的貿(mào)易術(shù)語合同與Ｆ字組術(shù)語合同一樣，屬裝運(yùn)合同范疇。雖然賣方必須為貨物經(jīng)習(xí)慣航線由通常運(yùn)輸方式運(yùn)往約定目的地支付運(yùn)費(fèi)，但對自貨物交付運(yùn)輸后發(fā)生的事故引起的滅失或損壞的風(fēng)險及額外的費(fèi)用，均應(yīng)由買方負(fù)責(zé)。因此，Ｃ字組術(shù)語與其他任何術(shù)語有兩個“關(guān)鍵”的不同點(diǎn)，一個用以劃分費(fèi)用，另一個用以劃分風(fēng)險。出于這一理由，在上述風(fēng)險劃分點(diǎn)以后增加賣方在Ｃ字組術(shù)語下的義務(wù)時，就必須特別注意。Ｃ字組術(shù)語的要旨在于賣方于簽訂運(yùn)輸合同將貨物交與承運(yùn)人并在ＤＩＦ及ＣＩＰ術(shù)語下提供保險后即已正確履行其義務(wù)，可免除對任何風(fēng)險及費(fèi)用的責(zé)任。

賣方也可以與買方約定在跟單信用證下向銀行提示規(guī)定裝運(yùn)單據(jù)后取得貨款。如果賣方根據(jù)跟單信用證或按其他方式已獲得貨款而在已裝運(yùn)或發(fā)運(yùn)貨物后還要負(fù)擔(dān)貨物的風(fēng)險或費(fèi)用，就會與這種國際貿(mào)易公認(rèn)的支付方式相抵觸。毫無疑義，賣方必須支付應(yīng)付予承運(yùn)人的每一項費(fèi)用，無論其在裝運(yùn)前支付或在目的地支付（運(yùn)費(fèi)到付），但裝運(yùn)或發(fā)運(yùn)后發(fā)生的事故而引起的額外費(fèi)用除外。

如果習(xí)慣上將貨物運(yùn)往目的地需簽訂幾個運(yùn)輸合同，包括在中轉(zhuǎn)地轉(zhuǎn)運(yùn)，賣方就應(yīng)支付