1、Learning objectives 1. To understand the meanings and role of trade terms 2. To understand the commonly used trade terms 3. To learn how to use the different trade terms correctly,Chapter 2 International Trade Terms,引 例 我方拟出口一批滑石，于2000年2月向香港客商报价USD80/MT CIFHK。客商回电表示同意我方价格，但要求将贸易术语改为FOBHK，即要求USD80/MT
2、FOBHK。 分析我方是否可以接受？,1. Meanings and role of trade terms Trade terms are standardized terms used in sales contracts that describe the place and manner for transfer of goods from the seller to the buyer. They are to divide the liabilities and costs between the sellers and buyers.Factors that might add
3、to the price of goods: Production or manufacture or purchase of the goods. Storage, freight from the production site, storage site to the seaport, or in land delivery. Export (import) customs clearance, export (import) commodity inspection, export (import) licence and formalities. Insurance,marine t
4、ransportation or main carriage Etc.,2. International Trade Usages Warsaw-Oxford Rules 1932(CIF） Revised American Foreign Trade Definitions 1941Ex Point of Origin（产地交货）Free on Board（在运输工具上交货）Free Along Side（在运输工具旁交货）Cost and Freight（成本加运费）Cost, Insurance and Freight（成本、保险费加运费）Ex Dock（目的港码头交货）,INCOTER
5、MS 2000/1990(International Rulesfor the Interpretation of Trade Terms),OBLIGATIONS OF THE SELLER,OBLIGATIONS OF THE BUYER,3. Commonly Used International Trade Terms3.1 FOB Free On Board(named port of shipment)3.1.1 ObligationsA: the sellers obligationsA1: deliver the goods on board the vessel named
6、by the buyer at the named port of shipment on the date or within the period stipulated and in the manner customary at the port.A2: give the buyer sufficient notice that the goods have been delivered on board, including necessary insurance informationA3: obtain at his own risk and expense any export
7、licence or other official authorization.A4: bear all risks of, losses of, or damage to the goods untill such time as they have passed the ships rail at the named port of shipment.,A5: provide the buyer at the sellers expense with the commercial invoice as well as clean shipped on board shipping docu
8、ments in proof of delivery of the goods on board the vessel.B:The buyers obligationsB1: Payment of the PriceB2: contract at his own expense for the carriage of the goods from the named port of shipmentB3: give the seller sufficient notice of the vessel name, loading port and required delivery time.B
9、4: obtain at his own expense and risk any import licence or other official authorization and carry out all customs formalities for the importation of the goods and where necessary, for their transit through another country.B5: take delivery of the goods stipulated in the contract.B6: bear all risks
10、of, losses of, or damage to the goods from the time they have passed over the ships rail at the named port of shipment.,The buyer must bear all risks of loss or damage to the goods From the time they have passed the ships rail at the named port of shipment; and from the agreed date or the expiry dat
11、e of the agreed period for delivery which arise because he fails to give notice in accordance with b7, or because the vessel nominated by him fails to arrive on time , or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with b7, provided, however, that th
12、e goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.,3.1.2 Pay attention to the following points when using FOB: (1) Question about the boundary of risk transfer (2) Linkage between ships and goods under FOB (3) Entrust
13、ment of charting and booking (4) Who bear the expenses of loading the cargoFOB Liner TermsFOB Under TackleFOB StowedFOB TrimmedFOB Stowed and Trimmed (5) Different interpretation to this trade term by other specific country (6) Shipping instruction(装运须知） and shipping advice（装运通知）,Shipping instructio
14、n,Dear sirs,Re:140FCL of Sports Goods series under S/C No.XX, L/C No. XXX.We plan to ship through CMA Shipping Company. Please ship the goods on or before Sept. 10, 2002 and inform details by fax immediately upon fulfillment of the shipment. The detailed information of the shipping agent are as foll
15、owing:Company name: Hong Yun International Shipping Agency Co.,Ltd.Address: No.328,Yanan Road, Shanghai 200003,ChinaContact person: Mr.Liu Jian MinTel:021Fax:021E-mail:,SHIPPING ADVICE,Dears,Re: 140FCL of Sports Goods series under S/C No.XX, L/C No. XXX. We are very pleased to inform you that the go
16、ods have been shipped in shang hai through CMA on Sept.8. Please make insurance of the goods of the goods on your side. The shipping detailed are as follows:S/C No. XXL/C No. XXXCommercial Invoice No. VL02J156Total Value: USD 56,428.00B/L No. SHWH100475Container No. HDMU2127974Seal No. C056727Name o
17、f the Carrying Vessel:LISBO V011WDestination: VancouverOn board date: Sept. 8,2002ETD(Shanghai): Sept. 9,2002ETA(Vancouver): Sept. 30,2002,案 例 分 析,有一份FOB合同，买方已向保险公司投保“仓至仓”条款的 一切险。 货物从卖方仓库运往装运港码头途中,发生承保范围 内的损失, 事后卖方以保险单含有“仓至仓”条款为理由要求保 险公司赔偿但遭拒绝, 后来卖方又请买方以卖方的名义凭保险 单向保险公司索赔,但同样遭到拒绝.请结合FOB术语及其他的 知识分析保险公
18、司拒赔的原因以及此案的教训。,相关知识： 1、风险转移界限问题 2、保险利益问题 3、术语的选择问题,3.2.3 Reasons why CIF is widely used in export in our country,3.2 CIF Cost, Insurance and Freight (named port of destination),3.2.1 obligations a: the sellers obligations Provide the goods in conformity with the contract of sale and give the buyer s
19、ufficient notice Obtain at his own risk and expenses any export licence or other official authorization Take the responsibility of charting or booking Take the responsibility to effect insurance Bear all costs and risks of the goods until such time as they Have passed the ships rail at the port of s
20、hipment Provide commercial invoice, insurance policy and shippingdocuments,b: the buyers obligations Pay the price as provided in the contract of sale Obtain at his own risk and expenses any import licence or other official authorisation Bear all risks of loss of or damage to the goods from the time
21、 they have Passed the ships rail at the port of shipment Accept delivery of the goods when they have been delivered in accordance with the contract of sale Accept the documents in accordance with thecontract of sale,3.2.2 Pay attention to the following issues when using CIF(1) CIF Contract Is a “Shi
22、pping Contract”(2) The sellers responsibility for charting or booking(3) The sellers responsibility to effect insurance(4) Boundary of risk transfer(5) Documents transaction or symbolic delivery(6) Who bear the unloading charges CIF Liner terms CIF ex ships hold（卖方只负担自舱底起吊的费用）CIF landed（卖方承担卸到岸上的各种费
23、用，包括驳船费和码头捐） CIF ex tackle （卖方知负担自舱底起吊的费用）,不改变风险划分,3.2.3 Reasons why CIF is widely used in export in our country,案 例 分 析,我一出口企业2000年3月向 美国出口一批包装货物，按合 同规定采用CIF New York术语， 投保平安险，据INCOTERMS 2000解释，在我方收到美方依 据UCP500开来的信用证后， 按期装船，但货物在装运港越 过船舷后不慎掉到甲板上致使 包装破裂，我方应如何处理？,相关知识: 1、风险转移界限问题 2、国际贸易的复杂性问题 3、交易中的诚实
24、信用问题,3.3 CFR Cost and freight (named port of destination) 3.3.1 meanings CFR means that the seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss or damage to the goods, as well as any additional costs due to events occurring after t
25、he time the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ships rail in the port of shipment. 3.3.2 some additional points about CFR (1) The seller arranges the charter party or rent the ship space (2) The discharge charges: like t
26、he business under CIF. CFR liner terms; CFR ex tackle; CFR landed(the seller bear the unloading charges) CFR ex ships hold (the buyer bear the unloading charges),(3) The seller must give the buyer sufficient notice that the goods have been delivered on board the vessel as well as any other notice re
27、quired in order to allow the buyer to take measures which are normally necessary to enable him to receive goods. (4) Incoterms states that under CFR, the seller should provide the buyer, upon request, with necessary information for procuring insurance. This means that the seller is not obliged to no
28、tify the buyer of the shipment for the insurance of the goods. But some countries stipulate that the seller should notify the buyer of the shipment for the buyer to effect insurance, or the seller will bear the risks. Thus, to avoid disputes, the seller should give timely notice to the buyer to effe
29、ct insurance.A shipping advice mainly contains the vessel name, the voyage number, the sailing date and the date of loading.,3.4 FCA CPT AND CIP,3.4.1 FCA : Free Carrier (named place) The term FCA means the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the n
30、amed place. According to Incoterms 2000,if delivery occurs at the sellers premises, the seller is responsible for loading. If delivery occurs at any other place, the seller is not responsible for unloading. 3.4.2 CPT : Carriage paid to (named place of destination) The only difference between FCA and
31、 CPT is that in CPT, the seller must contract for carriage of the goods to the agreed point at the named place of destination and pay the cost of carriage. 3.4.3 CIP : Carriage and Insurance Paid to (named place of destination) The only difference between CIP and CPT is that in CIP, the seller has t
32、o procure insurance against the buyers risk of loss or damage to the goods during the carriage.,3.5 other trade terms,3.5.1 EXW(named place) EX WORKS(named place) means that the seller delivers when he places the goods at the disposal of the buyer at the sellers premises or another named place not c
33、leared for export and not loaded on any collecting vehicle. 3.5.2 FAS(named port of shipment) Free Alongside Ship(named port of shipment) means that the seller delivers when the goods are placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all costs and r
34、isks of loss of or damage to the goods from that point. The FAS requires the seller to clear the goods for export. 3.5.3 DAF(named place) Delivered at frontier means that the seller delivers when the goods are placed at the disposal of the buyer at the named point and place at the frontier. The sell
35、er must clear the goods for export. But he is not responsible for the unloading of the goods from the arriving means of transport.,3.5.4 DES(named port of destination) Delivered Ex Ship the sellers delivers when the goods are placd at the disposal of the buyer on board the ship not cleared for impor
36、t at the named port of destination. 3.5.5 DEQ(named port of destination) Delivered Ex Quay means that the seller delivers when the goods are placed at the disposal of the buyer not cleared for import on the quay at the named port of the destination. 3.5.6 DDU(named place of destination) Delivered Du
37、ty Unpaid means that the seller delivers the goods to the buyer, not cleared for import at the named place of destination. 3.6.7 DDP(named place of destination) Delivered Duty Paid means that the seller delivers the goods to the buyer, cleared for import at the named place of destination.,4、 Using t
38、he trade terms correctly,Take into consideration of the relevant countrys policies Quantity of the contract goods Port conditions and the trend of freight to change Payment terms Risks and security Make use of the trade terms correctly计量单位+单位价格+计价货币+价格术语Per M/T 300.00 USD CIF Newyork,思 考 题,5. The de
39、rived terms of FOB are to illustrate who shall bear( ) a. The charges for clearance b. the charges for loading c. the charges for unloading d. freight 6. In CIF, if the seller is ready to bear the charges for unloading the goods onto the dock of the port of destination, which of the following if to
40、be adopted? a. CIF landed b. CIF ex tackle c. CIF ex ships hold d. CIF trimmed 二、判断题 1、价格变形在改变了费用承担的同时也改变了风险的划分（ ） 2、按CIF术语成交的合同属于在目的地交货的合同（ ） 3、采用CIF术语时，允许买方对船籍提出要求，卖方必须照办（ ） 4、在象征性交货方式下，卖方只负责交货交单，不保证到货（ ） 5、在CIF条件下，卖方按期收回货款的充分必要条件是提交有关的货物（ ） 6、CIF被译作到岸价是十分准确的（ ） 7、在租船运输方式下才使用FOB术语的变形（ ） 8、采用F组属于成交
41、时，卖方能否如期完成交货义务，不仅仅取决于卖方（ ）,三、案例分析题,1、CIF合同限期交货致损案 1996年某出口公司对加拿大某进口商出口500吨三级核桃仁，合同价格规定每吨4800加元CIF魁北克，装运期不得晚于10月31日，不得分批和转运并规定货物须于11月30日前到达目的地，否在方有权拒收，支付方式为90天远期信用证，加方于9月25日开来信用证。我方于10月5日装船完毕，但船到加拿大东海岸时已是11月25日，此时魁北克开始结冰，承运人担心驶往魁北克后出不来，便根据自由转船条款指示船长将运往魁北克的货物全部卸在哈立法科斯，然后从哈港改装火车运往魁北克，待这批核桃运到魁北克时已是12月，于
42、是进口商便以货物晚到为由拒绝提货，除非我方降价20%，几经交涉我方不得不降价15%了解此案，我方共损失36万加元。 请问此案应吸取的教训是什么？,教训： 1、CIF术语的正确应用 2、术语的选用应考虑风险情况,2、非正常风险争议案一份CFR合同，甲方卖3000吨小麦给乙公司，甲公司按规定的时间和地点将5000吨散装小麦装船，其中的3000吨小麦属于卖给乙公司的小麦。货抵目的港后，由船公司负责分拨，甲公司装船后及时发装船通知给乙公司。受载船只在途中遇险，使该批货损失了3000吨，其余2000吨安全运至目的港，卖方宣称卖给乙方的3000吨小麦已全部灭失，并按CFR合同规定货物风险已在装运港越过船舷
43、时转移给买方为由对此项损失不负责任。请问卖方应负责任么？,评 析： 1、卖方仍应承担交货责任 2、注意风险转移问题,3、使用贸易术语不当致损案我西北某市某出口公司于1997年12月向日本出口30吨甘草膏，每吨40箱共1200项，每吨售价为1800美元，FOB新港，共54000美元，即期信用证，装运期为12月25日，货物必须装集装箱。该出口公司在天津设有办事处，于是12月上旬便将货物运往天津，由天津办事处负责定箱装船，不料货物在天津存仓期间仓库着火将货物烧毁，办事处即通知内陆公司总部立即补发30吨，负责无法按时装船，由于该公司货源不及，只好要求日商将信用证的效期及装船期各延长16天。该案有何教训？,评 析： 1、结合运输方式选择贸易术语 2、注意风险转移问题，及早转移风险,4、我国北京甲公司向美国乙公司出口某商品50000箱，乙公司提出按FOB新港条件成交，甲公司提出按FCA北京条件成交，试分析各自提出如上成交条件的原因？,
