INCOTERMS 2000(PART)

简介(一. 《国际贸易术语解释通则》的宗旨和范围 三.Incoterms 2000 四.在销售合同中订入Incoterm 五.Incoterms的结构)

INCOTERMS 2000(PART)

FCA FREE CARRIER (... named place)

"Free Carrier" means that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. It should be noted that the chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller's premises, 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 of the mode of transport, including multimodal transport.

"Carrier" means any person who, in a contract of carriage, undertakes to perform or to procure the performance of transport by rail, road, air, sea, inland waterway or by a combination of such modes.

If the buyer nominates a person other than a carrier to receive the goods, the seller is deemed to have fulfilled his obligation to deliver the goods when they me delivered to that person.

ＡTHE SELLER'S OBLIGATIONS

ＢTHE 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 be required by the contract.

B1 Payment of price

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

A2 Licenses, authorisations and formalities

The seller must obtain at his own risk and expense any export license or other official authorization and carry out, where applicable1, 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 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 con tract and, if he does, shall Promptly notify 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

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, 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 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, 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.

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.

ＡTHE SELLER'S OBLIGATIONS

ＢTHE 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 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 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.

ＡTHE SELLER'S OBLIGATIONS

ＢTHE 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 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.

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 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.

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.

ＡTHE SELLER'S OBLIGATIONS

ＢTHE 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 provided, however, that the goods 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;

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 which were for the seller's account under the contract of carriage; arid, 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 a), pay

all costs relating to the 90OCIS from the tune 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 the 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 damage.

A7 Notice 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 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-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 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 in 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 insurance.

B10 Other obligations

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

简介

一. 《国际贸易术语解释通则》的宗旨和范围

《国际贸易术语解释通则》（以下称Incoterms）的宗旨是为国际贸易中最普遍使用的贸易术语提供一套解释的国际规则 ，以避免因各国不同解释而出现的不确定性，或至少在相当程度上减少这种不确定性。

合同双方当事人之间互不了解对方国家的贸易习惯的情况时常出现。这就会引起误解、争议、和诉讼，从而浪费时间和费用。为了解决这些问题，国际商会（ICC）于1936年首次公布了一套解释贸易术语的国际规则，名为Incoterms 1936，以后又于1953年、1967年、1976年、1980年和1990年，现在则是在2000年版本中做出补充和修订，以便使这些规则适应当前国际贸易实践的发展。

需要强调的是，Incoterms涵盖的范围只限于销售合同当事人的权利义务中与已售货物（指"有形的"货物，不包括"无形的"货物，如电脑软件）交货有关的事项。

关于Incoterms，看来有两个非常普遍的特别误解。一个是常常认为Incoterms适用于运输合同而不是销售合同。第二个是人们有时错误地以为它规定了当事人可能希望包含在销售合同中的所有责任。

首先，正如ICC一贯强调的那样，Incoterms只涉及销售合同中买卖双方的关系，而且，只限于一些非常明确的方面。

对进口商和出口商来讲，考虑那些为完成国际销售所需要的各种合同之间的实际关系当然时非常必要的。完成一笔国际贸易不仅需要销售合同，而且需要运输合同、保险合同和融资合同，而Incoterms只涉及其中的一项合同，即销售合同。

虽然如此，当双方当事人同意使用某一个具体的贸易术语时，将不可避免地对其他合同产生影响。举例说明，卖方同意在合同中使用CFR和CIF术语时，他就只能以海运方式履行合同，因为在这两个术语下他必须向买方提供提单或其他海运单据，而如果使用其他运输方式，这些要求是无法满足的。而且，跟单信用证要求的单据也必然将取决于准备使用的运输方式。

其次，Incoterms涉及为当事方设定的若干特定义务，如卖方将货物交给买方处置，或将货物交运或在目的地交货的义务，以及当事双方之间的风险划分。

另外，Incoterms涉及货物进口和出口清关、货物包装的义务，买方受领货物的义务，以及提供证明各项义务得到完整履行的义务。尽管Incoterms对于销售合同的执行有着极为重要的意义，但销售合同中可能引起的许多问题却并未涉及，如货物所有权和其他产权的转移、违约、违约行为的后果以及某些情况下的免责等。需要强调的是，Incoterms无意取代那些完整的销售合同所需订入的标准条款或商定条款。

通常，Incoterms不涉及违约的后果或由于各种法律阻碍导致的免责事项，这些问题必须通过销售合同中的其他条款和适用的法律来解决。

Incoterms一直主要用于跨国境的货物销售交付，因此，它是一套国际商业术语。然而，有时Incoterms也被用于纯粹国内市场的货物销售合同中。在此情况下，Incoterms中的A2、B2以及任何与进出口有关的条款当然就变成多余了。二.为什么需要对国际贸易术语解释通则进行修订？　连续修订Incoterms的主要原因是使其适应当代商业的实践。1980年修订本引入了货交承运人（现在为FCA）术语，其目的是为了适应在海上运输中经常出现的情况，即交货点不再是传统的FOB点（货物越过船舷），而是在将货物装船之前运到陆地上的某一点，在那里将货物装入集装箱，以便经由海运或其他运输方式（即所谓的联合或多式运输）继续运输。

在1990年的修订本中，涉及卖方提供交货凭证义务的条款在当事方同意使用电子方式通讯时，允许用电子数据交换（EDI）讯息替代纸面单据。毫无疑问，为了使Incoterms更利于实物操作，其草拟和表述一直都在改进。

三.Incoterms 2000

在为期两年的修订过程中，ICC尽其最大努力通过ICC各国家委员会吸取了各行业国际贸易从业者的意见和建议，完成了修订稿的多次修改。令人高兴的是，在Incoterms的这次修订期间，ICC从全世界使用者得到的反馈意见超过了以往任何一次。ICC与Incoterms的使用者之间交流的结果产生了Incoterms 2000这个版本，与Incoterms 1990相比看上去变化很小。原因很明显，即Incoterms当前已得到世界承认，所以ICC决定巩固Incoterms在世界范围内得到的承认，并避免为了变化而变化。另一方面，在修订过程中，ICC尽量保证Incoterms 2000中的语言清楚准确地反映出国际贸易实务。新的版本在下面两个方面作出了实质性改变：

在FAS和DEQ术语下，办理清关手续和交纳关税的义务；

在FCA术语下装货和卸货的义务。

无论是实质变化还是形式变化都是在对Incoterms的使用者广泛调查的基础上作出的，而且对1990年以来Incoterms专家小组（专门为Incoterms使用者提供额外服务的机构）受到的咨询意见给予了充分考虑。

四.在销售合同中订入Incoterm

鉴于Incoterms不时修订，所以，如果合同当事方意图在销售合同中订入Incoterms时，清楚地指明所引用的Incoterms版本是很重要的。人们很容易忽略这一点，例如当在标准合同或订货单中引用了早期版本时，未能引用最新版本，可能会对当事方的意图是在合同中引用新版本还是早期版本引起纠纷。希望使用Incoterms 2000的商人，应在合同中明确规定该合同受Incoterms 2000的约束。

五.Incoterms的结构

1990年，为了便于理解，将所有的术语分为4个基本不同的类型。第一组为"E"组（EX WORKS），指卖方仅在自己的地点为买方备妥货物；第二组"F"组（FCA、FAS和FOB），指卖方需将货物交至买方指定的承运人；第三组"C"组（CFR、CIF、CPT和CIP），指卖方须订立运输合同，但对货物灭失或损坏的风险以及装船和启运后发生意外所发生的额外费用，卖方不承担责任；第四组"D"组（DAF、DES、DEQ、DDU和DDP），指卖方须承担把货物交至目的地国所需的全部费用和风险。下表反映了这种分类方法：

2000年国际贸易术语解释通则

E组（发货）

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EXW　工厂交货（……指定地点）

F组（主要运费未付）

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FCA　货交承运人（……指定地点）

FAS　船边交货（……指定装运港）

FOB　船上交货（……指定装运港）

C组（主要运费已付）

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CFR　成本加运费（……指定目的港）

CIF　成本、保险费加运费付至（……指定目的港）

CPT　运费付至（……指定目的港）

CIP　运费、保险费付至（……指定目的地）

D组（到达）

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DAF　边境交货（……指定地点）

DES　目的港船上交货（……指定目的港）

DEQ　目的港码头交货（……指定目的港）

DDU　未完税交货（……指定目的地）

DDP　完税后交货（……指定目的地）

与Incoterms 1990相同，在Incoterms 2000中，所有术语下当事人各自的义务均用10个项目列出，卖方在每一项目中的地位"对应"了买方在同一项目中相应的地位。