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INCOTERMS 2000

By Darlene Matthews,2014-06-26 11:09
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INCOTERMS 2000

    注册就能赚钱:http:\\dalian.kwdpx.com INCOTERMS 2000(PART)

     FCA FREE CARRIER (... named place)

     "Free Carrier" means that the seller delivers the goods, cleared for export, to the carrier

    nominated提名 by the buyer at the named place. It should be noted that the chosen place of

    delivery has an impact冲击 on the obligations of loading and unloading the goods at that place. If

    delivery occurs at the seller's premises假定, the seller is responsible for loading. If delivery occurs at any other place, the seller is not responsible for unloading. This term may he used

    irrespective不顾 of the mode of transport, including multimodal多式 transport.

     "Carrier" means any person who, in a contract of carriage, undertakes to perform or to

    procure取得 the performance of transport by rail, road, air, sea, inland waterway or by a

    combination结合 of such modes.

     If the buyer nominates a person other than a carrier to receive the goods, the seller is deemed

    视为 to have fulfilled his obligation to deliver the goods when they me delivered to that person.

     THE SELLER'S OBLIGATIONS

     THE BUYER'S OBLIGATIONS

     A1 Provision供应 of goods in conformity遵从 with the contract

     The seller must provide the goods and the commercial invoice, or its equivalent等价

    electronic message, in conformity with the contract of sale and any other evidence of conformity

    which may be required by the contract.

     B1 Payment of price

     The buyer must pay the price as provided m the contract of sale.

     A2 Licenses许可, authorisations授权 and formalities礼节

     The seller must obtain at his own risk and expense any export license or other official

    authorization and carry out, where applicable1可应用, all customs formalities necessary for the

    export of the goods.

     B2 Licenses, authorizations and formalities

     The buyer must obtain at his own risk and expense any import license or other official

    authorization and carry out, where applicable2, all customs formalities for the import of the goods

    and for their transit through any country.

     A3 Contracts of carriage and insurance

     a) Contract of carriage

     No obligation3. However, if requested by the buyer or if it is Commercial practice and the

    buyer does not give an instruction教学 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 and, if he does, shall Promptly迅速的 notify通知 the buyer accordingly.

     b) Contract of insurance

     No obligation4

     B3 Contracts of carriage and insurance

     a) Contract of carriage

     The buyer must contract at his own expense for the carriage of the goods from the named

    place, except when the contract of carriage, is made by the seller as provided for in A3 a).

     b) Contract of insurance

     No obligation5.

     A4 Delivery

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     The seller must deliver the goods to the carrier or another person nominated by the buyer, or chosen by the seller in accordance with A3 a), at the named place on the date or within the period

    agreed for delivery.

     Delivery is completed,

     a) If the named place is the seller's premises假定, when the goods have been loaded on the

    means of transport provided by the carrier nominated by the buyer or another person acting on his

    behalf.

     b) If the named place is anywhere other than a), when the goods are placed at the disposal of' the carrier or another person nominated by the buyer, or chosen by the seller in accordance with

    A3 a) on the seller's means of transport not unloaded.

     If no specific明确的 point has been agreed within the named place, and if there are several

    points available, the seller may select the point at the place of delivery which best suits his

    purpose.

     Failing precise instructions from the buyer, the seller may deliver the goods for carnage m such a manner as the transport mode and/or the quantity and/or nature of the goods may require.

     B4 Taking delivery

     The buyer must take delivery of the goods when they have been delivered in accordance with A4.

     A5 Transfer of risks

     The seller must, subject to the provisions of B5, bear all risks of loss or damage to the goods until such time as they have been delivered in accordance with A4.

     B5 Transfer of risks

     The buyer must bear all risks of loss of or damage to the goods

     from the time they have been delivered in accordance with A4; and

     from die agreed date or the expiry date of any agreed period for delivery which arise either because he fails to nominate the carrier or another person in accordance with A4, or because the

    carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed

    time, or because the buyer fails to give appropriate notice in accordance with B7, provided,

    however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside

    or otherwise identified as the contract goods.

     A6 Division of costs

     The seller must, subject to tile provisions of B6, pay

     all costs relating to the goods until such time as they have been delivered in accordance with A4; and

     where applicable6, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export.

     B6 Division of costs

     The buyer must pay

     all costs relating to the goods from the time they have been delivered in accordance with A4;and

     any additional costs incurred, either because he fails to nominate the carrier or another person in accordance with A4 or because the party nominated by the buyer fails to take the goods into his

    charge at the agreed time, or because he has failed to give appropriate notice in accordance with

    B7, provided, however, that the goods have been duly appropriated to the contract, that is to say,

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    clearly set aside or otherwise identified as the contract goods; and

     where applicable7, all duties, taxes and other charges well as die costs of carrying out customs formalities payable upon import of die goods and for their transit through any country.

     A7 Notice to the buyer

     The seller must the buyer sufficient notice that the goods have been delivered in accordance with A4, Should the carrier fail to take delivery in accordance with A4 at the time agreed, the

    seller must notify the buyer accordingly.

     B7 Notice to the seller

     The buyer must give the seller sufficient notice of the name of the party designated in A4 mid, where necessary. specify the. mode of transport, as well as the date or period for delivering the

    goods to him and, as the case may be, the point within the place where the goods should be.

    delivered to that party.

     A8 Proof of delivery, transport document or equivalent electronic message

     The seller must provide the buyer at the seller's expense.with the usual proof of delivery, of the goods in accordance with A4.

     Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer at the latter's request, risk and expense, every assistance in obtaining a

    transport document for the contract of carriage (for example a negotiable bill of lading, a

    non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment

    note, a road consignment note, or a multimodal transport document).

     When the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may he replaced by an equivalent electronic data

    interchange (ED1) message.

     B8 Proof of delivery, transport document or equivalent electronic message

     The buyer must accept the proof of delivery in accordance with A8.

     A9 Checking -packing-marking

     The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in

    accordance with A4.

     The seller must provide at his own expense packaging (unless it is usual for the particular trade to send the goods of the contract description unpacked) which is required for the transport of

    the goods, to the extent that the circumstances relating to the transport (for example modalities,

    destination) are made known to the seller before the contract of sale is concluded. Packaging is to

    he marked appropriately.

     B9 Inspection of goods

     The buyer must pay the costs of any pre shipment inspection except when such inspection is mandated by the authorities of the country of export.

     A10 Other obligations

     The seller must render the buyer at the latter' s request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8)

    issued or transmitted in the country of delivery and/or of origin which the buyer may require for

    the import of the goods and, where necessary, for their transit through any country.

     The seller must provide the buyer, Upon request, with the necessary information for procuring insurance.

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     B10 other obligations

     The buyer must, pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his

    assistance in accordance therewith and in contracting for carriage in accordance with A3 a) .

     The buyer must give the seller appropriate instructions whenever the seller's assistance in contracting for carriage is required in accordance with A3 a).

     FOB FREE ON BOARD(... named place)

     "Free on Board" means that the seller delivers when the goods pass the ship's rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or

    damage to the goods from that point. The FOB term requires the seller to clear the goods for

    export. This term can be used only for sea or inland waterway transport. If the parties do not

    intend to deliver the goods across the ship's rail, the FCA term should be used.

     THE SELLER'S OBLIGATIONS

     THE BUYER'S OBLIGATIONS

     A1 Provision of goods in conformity with the contract

     The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity winch may

    be required by the contract.

     B1 Payment of the price

     The buyer must pay the price as provided in the contract of sale.

     A2 Licences, authorisations and formalities

     The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicable1, all customs formalities necessary for the export of

    the goods.

     B2 Licences, authorisations and formalities

     The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable2, all customs formalities for the import of the goods

    and, where necessary, for their transit through any country.

     A3 Contracts of carriage and insurance

     a) Contract of carriage

     No obligation3

     b) Contract of insurance

     No obligation 4.

     B3 Contract of carriage and insurance

     a) Contract of carriage

     The buyer must contract at his own expense for the carriage of the goods from the named port of shipment.

     b) Contract of insurance

     No obligation.5

     A4 Delivery

     The seller must deliver the goods on the date or within the agreed period at the named port of shipment and in the manner customary at the port on board the vessel nominated by the buyer.

     B4 Taking delivery

     The buyer must take delivery of the goods when they have been delivered in accordance with

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    A4.

     A5 Transfer of risks

     The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship's rail at the named port of shipment.

     B5 Transfer of risks

     The buyer must bear all risks of loss of or damage to the goods

     from the time they have passed the ship's rail at the named port of shipment; and

     from the agreed date or the expiry date 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 flails 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 the goods have been duly appropriated to the

    contract, that is to say, clearly set aside or otherwise identified as the contract goods.

     A6 Division of costs

     The seller must, subject to the provisions of B6, pay

     all costs relating to the goods until such time as they have passed the ship's rail at the named port of shipment; and

     where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export.

     B6 Division of costs

     The buyer must pay

     all costs relating to the goods from the time they have passed the ship' s rail at the named port of shipment; and

     any additional costs incurred, either 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, or because the buyer has failed to give appropriate notice in accordance with B7,

    provided, however, that the goods have been duly appropriated to the contract, that is to say,

    clearly set aside or otherwise identified as the contract goods; and

     where applicable7,all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country.

     A7 Notice to the buyer

     The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4.

     B7 Notice to the buyer

     The buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.

     A8 Proof of delivery, transport document or equivalent electronic message

     The seller must provide the buyer at the seller's expense with the usual proof of delivery in accordance with A4.

     Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer, at the latter's request, risk and expense, every assistance in obtaining

    a transport document for the contract of carriage (for example, a negotiable bill of lading, a non

    -negotiable sea waybill, an inland waterway document, or a multimodal transport document).

     Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may be replaced by an equivalent electronic data

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    interchange (EDI) message.

     B8 Proof of delivery, transport document or equivalent electronic message

     The buyer must accept the proof of delivery in accordance with A8.

     A9 Checking - packaging - marking

     The seller must pay the costs of those checking operations ( such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in

    accordance with A4.

     The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of

    the goods, to the extent that the circumstances relating to the transport (for example modalities,

    destination) are made known to the seller before the contract of sale is concluded. Packaging is to

    be marked appropriately.

     B9 Inspection of goods

     The buyer must pay the costs of any pre - shipment inspection except when such inspection is mandated by the authorities of the country of export.

     A10 Other obligations

     The seller must render the buyer at the latter's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8)

    issued or transmitted m the country of shipment and/or of origin which the buyer may require for

    the import of the goods and, where necessary, for their transit through any country.

     The seller must provide the buyer, upon request, with the necessary information for procuring insurance.

     B10 Other obligation

     The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his

    assistance in accordance therewith.

     CIF COST, INSURANCE AND FREIGHT (... named port of destination)

     "Cost, Insurance and Freight" means that the seller delivers when the goods pass the ship's rail in the port of shipment.

     The seller must pay the costs and freight necessary to bring the pods to the named port of destination BUT the risk of loss of or damage to the goods, as well as any additional costs due to

    events occurring after the time of delivery, are transferred from the seller to the buyer. However, in

    CIF the seller also has to procure marine insurance against the buyer's risk of loss of or damage to

    the goods during the carriage.

     Consequently, the seller contracts for insurance and pays the insurance premium. The buyer should note that under the CIF term the seller is required to obligation insurance only on minimum

    cover1. Should the buyer wish to have the protection of greater cover, he would either need to

    agree as such expressly with the seller or to make his own extra insurance arrangements.

     The CIF term requires the seller to clear the goods for export.

     This term can be used only for sea and inland waterway transport. If the parties intend to deliver the goods across the ship's rail, the CIP term should be used.

     THE SELLER'S OBLIGATIONS

     THE BUYER'S OBLIGATIONS

     A1 Provision of goods In conformity with the contract

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     The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may

    be required by the contract.

     B1 Payment of the price

     The buyer must pay the price as provided in the contract of sale.

     A2 Licences, authorisation and formalities

     The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicalbe2, all customs formalities necessary for the export of

    the goods.

     B2 Licences, authorisation and formalities

     The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable3, all customs formalities for the import of the goods

    and for their transit through any country.

     A3 Contracts of carriage and insurance

     a) Contract of carriage

     The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as

    the case may be) of the type normally used for the transport of goods of the contract description.

     b) Contract of insurance

     The seller must obtain at his own expense cargo insurance as agreed in the contract, such dud the buyer, or any other person having an insurable interest in the goods, shall be entitled to claim

    directly from the insurer and provide the buyer with the insurance policy or other evidence of

    insurance cover.

     The insurance shall be contracted with underwriters or an insurance company of good repute and, failing express agreement to the contrary, be m accordance with minimum cover of the

    Institute Cargo Clauses (Institute of London Underwriters) or any similar set of clauses. The

    duration of insurance cover shall, be in accordance with B5 and B4. When required by the buyer,

    the seller shall. provide at the buyer's expense war, strikes, riots and civil commotion risk

    insurances if procurable. The minimum insurance shall, cover the price provided in the contract

    plus ten per cent (i.e. 110%) and shall he provided in the currency of the contract.

     B3 Contracts of carriage and insurance

     a) Contract of carriage

     No obligation4.

     b) Contract of insurance

     No obligation5.

     A4 Delivery

     The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.

     B4 Taking delivery

     The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive than from the carrier at the trans port of destination.

     A5 Transfer of risks

     The seller must, subject to the provisions of B5, bear all risks of loss of/ or damage to the goods until such tune as they have passed the ship's rail at the port of shipment.

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     B5 Transfer of risks

     The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship' s rail at the port of shipment.

     The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment

    provided, however, that the goods have been duly appropriated to the contract, that is to say,

    clearly set aside or otherwise identified as the contract goods.

     A6 Division of costs

     The seller must, subject to the provisions of B6, pay

     all costs relating to the goods until such time as they have been delivered in accordance with A4; and

     the freight and all other costs resulting from A3 a) , including the costs, of loading the goods on board;

     and the costs of insurance resulting from A3 b); and

     any charges for unloading at the agreed port of discharge which were for the seller's account under the contract Of carriage; and

     where applicable6, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export, and for their transit through any country if they were

    for the seller' s account under the contract of carriage.

     B6 Division of costs

     The buyer must, subject to the provisions of A3, pay

     all costs relating to the goods from the time they have been delivered in accordance with A4; and

     all costs and charges relating to the goods whilst 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; and

     unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller's account under the contract of carriage; and

     all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for shipment, provided, however, that

    the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise

    identified as the contract goods; and

     where applicable7 , all duties, taxes and other charges as well as die costs of carrying out customs formalities payable upon import of the goods and, where necessary, for their transit

    through any country less included within the cost of the contract of carriage.

     A7 Notice to the buyer

     The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take

    measures which are normally necessary to enable him to take the goods.

     B7 Notice to the seller

     The buyer must, whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.

     A8 Proof of delivery, transport document or equivalent electronic message

     The seller must, at his own expense, provide the buyer without delay with the usual transport

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    document for the agreed port of destination.

     This document (for example a negotiable bill of lading, a non-negotiable sea waybill or an inland waterway 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 (the negotiable bill of lading) or by notification to the carrier.

     When such a transport document is issued in several originals, a full set of originals must be presented to the buyer.

     Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraphs may he replaced by an equivalent electronic data

    interchange (EDI) message.

     B8 Proof of delivery, transport document or equivalent electronic message

     The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.

     A9 Checking-packaging-marking

     The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in

    accordance with A4.

     The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description packed) which is required for the transport of

    the goods arranged by him. Packaging is to he marked appropriately.

     B9 Inspection of goods

     The buyer must pay the costs of any pre-shipment inspection except when such inspection is mandated by the authorities of the country of export.

     A10 Other obligations

     The seller must render the buyer at the latter's request, risk and expense, every assistance m obtaining any documents or equivalent electronic messages (other than those mentioned in A8)

    issued or transmitted in the country of shipment and/or of origin which the buyer may require for

    the import of the goods and, where necessary, for their transit through any country.

     The seller must provide the buyer, upon request, with the necessary information for procuring any additional insurance.

     B10 Other obligations

     The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his

    assistance in accordance therewith.

     The buyer must provide the seller, upon request, with the necessary information for procuring insurance.

     CFR COST AND FREIGHT (... named port of destination)

     "Cost and Freight means that the seller delivers when the goods pass the ship' s rail in the port of shipment.

     The seller must pay the costs and freight necessary to bring the goods to the paned port of destination BUT the risk of loss of or damage to the goods, as well as any additional costs due to

    events occurring after the time of delivery, we transferred from the seller to the buyer.

     The CFR term requires the seller to clear the goods for export.

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     This term can be used only for sea and inland waterway transport. If the parties do not intend to deliver the goods across the ship's rail, the CPT term should be used.

     THE SELLER'S OBLIGATIONS

     THE BUYER'S OBLIGATIONS

     A1 Provision of goods in conformity with the contract

     The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may

    he required by the contract.

     B1 Payment of the price

     The buyer must pay the price as provided in the contract of sale.

     A2 Licences, authorisations and formalities

     The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicable A1, all customs formalities necessary for the export

    of the goods.

     B2 Licences, authorisations am formalities

     The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable B2, A customs formalities for the import of the

    goods and for their transit through any country.

     A3 Contracts of carriage and insurance

     a) Contract of carriage

     The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as

    the case may be) of the type normally used for the port of goods of the contract description.

     b) Contract of insurance

     No obligation 3.

     B3 Contracts of carriage and insurance

     a) Contract of carriage

     No obligation

     b) Contract of insurance

     No obligation.

     A4 Delivery

     The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.

     B4 Taking delivery

     The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the earner at the named port of destination.

     A5 Transfer Of risks

     The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship's rail at the port of shipment.

     B5 Transfer Of risks

     The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship's rail at the port of shipment.

     The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment

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