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2016288国际贸易术语适用1

2016288国际贸易术语适用1

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2016288国际贸易术语适用1

2016-10-12 播放 88

The use of Incoterms in trade
One of the challenges in any sales contract is to ensure that both parties understand their responsibilities. These include the payment of carriage, insurance, loading and unloading costs, import and export taxes, and any other associated costs. Each of these will be the responsibility of either the seller or buyer. The buyer needs to understand these responsibilities to be able to calculate the full purchase price; the seller, to provide an accurate sales price. The chance of dispute is minimised when the parties share the same understanding of their respective responsibilities.
One of the best ways in which to minimise the chance of a dispute, in both domestic and international trade, is to use ‘Incoterms’. The ICC first published its Incoterms in 1936, and over time they have become the accepted international standard for trade terms referred to in sales contracts.
The current version of Incoterms, Incoterms 2010, came into effect on 1 January 2011. The full version is provided in ICC Publication No. 715.
Incoterms 2010 have been designed to reflect changes in commercial practices that have occurred since the last revision in 2000. These include reference to electronic alternatives to paper documentation, cargo insurance clauses, and also the establishment of two new Incoterms: DAT (‘delivered at terminal’) and DAP (‘delivered at place’).
 
The scope of Incoterms
Incoterms deal solely with the rights and responsibilities of parties involved in the delivery of goods sold under a contract of sale. They do not extend to other contracts, such as insurance, carriage and payment, although the Incoterm that is used may have implications for such contracts.
For example, the Incoterm CFR (‘cost and freight’) implies that carriage will be effected on a port-to-port basis. This means that either a bill of lading, a charter party bill of lading or a non-negotiable sea waybill should be requested. Under a documentary credit, the type of transport document called for should comply with the stated Incoterm.
 
Incoterm categories
There are 11 Incoterms, which are for use in domestic and international transactions. Each one sets out the obligations of the seller and buyer under the sales contract, and indicates the point at which responsibility is transferred from seller to buyer. The seller’s obligations escalate from EXW (‘ex works’ – the minimum) to DDP (‘delivered duty paid’ – the maximum). Any obligation that does not appear in a particular Incoterm is the responsibility of the buyer unless the sales contract states otherwise.
The 11 Incoterms are divided into two groups: seven that are suitable for any mode or modes of transport; the remaining four applying to sea or inland waterway transport only. When incorporating an Incoterm into a sales contract, the seller and buyer should take care to ensure that the term selected is appropriate to the agreed point of delivery and the mode of transportation to be used.
The 11 Incoterms are grouped as follows:
◆◆ Group 1: Rules for any mode or modes of transport
–– EXW (‘ex works’)
–– FCA (‘free carrier’)
–– CPT (‘carriage paid to’)
–– CIP (‘carriage and insurance paid to’)
–– DAT (‘delivered at terminal’)
–– DAP (‘delivered at place’)
–– DDP (‘delivered duty paid’)
◆◆ Group 2: Rules for sea or inland waterway transport only
–– FAS (‘free alongside ship’)
–– FOB (‘free on board’)
–– CFR (‘cost and freight’)
–– CIF (‘cost, insurance and freight’)