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1、Chapter 4 Trade Terms Review1. What is the definition for contract? What may happen if any party fail to fulfill his contractual obligations?2. What are the two parties of business negotiations? And give examples as you can.3. Why do the trading parties usually prefer a written contract? 4. What doe
2、s the contract proper usually include?Main pointsMeaning of trade terms Components of Trade Terms Incoterms 2000Incoterms 2010Usages /Case StudyRole of international trade terms Introduction The buying and selling of goods internationally is conducted around the contract. Both buyers and sellers not
3、 only enjoy the rights conferred by the contract, but also should assume various obligations under the contract. In international trade, price term lies at the core of the terms and conditions of a contract and often results in some of the key problems for which an exporter and in importer have to s
4、trive. Name of commodity Quality QuantityPackagePricePaymentTransport and insuranceThe time limit and place of performance The prevention and handling of disputeBodyWhat are Trade Terms The trade terms, are the short terms or abbreviations or brief English concept(3 English characters in Incoterms20
5、00) to indicate/explain the composition/formation of the unit price and determine the (1)responsibilities/rights and obligations, (2)expenses and (3)risks borne by two parties as well as the time of the passing of the property in the goods(货权转移货权转移). Under no circumstance can a buyer get a quotation
6、 without trade terms in international trade. Trade terms are short terms and abbreviations which are used to explain the price composition, to define the delivery of the goods, to indicate which party bear the freight, insurance and other relevant charges, and assume the liability in case damage or
7、loss of the goods occurs. What are Trade Terms Trade terms ensure both exporter and importer know their own responsibilities. In foreign trade, there are various prices for the same commodity. Granting that the cost of certain commodities is the same ex-factory, the prices quoted by the seller will
8、vary with the place of delivery. For example, in the case of a contract based on CIF terms as “CIF London” stated above, that means the seller bears all the cost, freight and insurance up to the named port of destination, here is “London”.THE DEFINITION OF TRADE TERMS（贸易术语的定义（贸易术语的定义 ）:FOB LONDON CI
9、F New York The trade terms refer to using a brief English concept or abbreviation of English letters to indicate the formation of the unit price and determine the responsibilities, expenses and risks borne by two parties as well as the time of the passing of the property in the goods.THE MOST INFLUE
10、NTIAL TRADE CONVENTIONS 1、Warsaw-Oxford Rules(W.O.Rules)1932Warsaw-Oxford Rules(W.O.Rules)1932 华沙牛津公约华沙牛津公约 2 2、Revised American Foreign Trade Definitions Revised American Foreign Trade Definitions 1941 1941 19411941美国对外贸易定义修订本美国对外贸易定义修订本 3 3、International Rules For the Interpretation of Internation
11、al Rules For the Interpretation of Trade TermsTrade Terms国际贸易术语解释通则国际贸易术语解释通则 It has been amended and modernized in It has been amended and modernized in 1953, 1967,1980,1990 , 2000 and 20101953, 1967,1980,1990 , 2000 and 2010Brief Introduction of Custom PracticeNameIssued byTime Trade Terms1941年美国对
12、外贸易定义修正年美国对外贸易定义修正本本 (Revised American Foreign Trade Definitions 1941)美国商业团体美国商业团体American Commerce AssociationIn1919Ex Point of Origin,FOB(6 variations), FAS Vessel, C&F, CIF, Ex Dock1932年华沙年华沙 牛津规则牛津规则 （Warsaw-Oxford Rules）国际法协会国际法协会International Law InstituteIn1928CIF2000年国际贸易术语解释通则年国际贸易术语解释通则(In
13、ternational Rules for the Interpretation of Trade Terms)国际商会国际商会International Chamber of CommerceIn1936E、F、C、D四组四组13个贸易术语个贸易术语1941年美国对外贸易定义修订本年美国对外贸易定义修订本简介：简介：对对ExPoint、 FOB 、FAS、 C&F、 CIF 、Ex Dock等等6种贸易术语进行种贸易术语进行统一解释。统一解释。美国九大商业团体首先制定美国九大商业团体首先制定1941年进行了修改年进行了修改1941年美国对外贸易定义修订本年美国对外贸易定义修订本Trade T
14、ermsAbbreviationsChineseEXWFOBFASCFRCIF DEQEX WorksFree on BoardFree on BoardFree on BoardFree on BoardFree on Board VesselFree on BoardFree Along Side (named port of shipment)Cost and Freight (named point of destination)Cost, Insurance and Freight (named point of destination)Delivery Ex Quay (duty
15、paid)工厂交货工厂交货指定起运地点交货指定起运地点交货指定装运港船边交货指定装运港船边交货成本加运费（指定目的地）成本加运费（指定目的地）成本加保险、运费（指定目的地）成本加保险、运费（指定目的地）进口港码头交货（关税已付）进口港码头交货（关税已付） FOB Free on Board FOB: Free on Board (Named inland carrier at named inland point of departure) 国内指定起运地点运输工具上交货国内指定起运地点运输工具上交货 FOB: Free on Board (Named inland carrier at na
16、med inland point of departure freight prepaid tonamed point of exportation) 国内指定起运地点运输工具上交货，运费付至指定出口地点国内指定起运地点运输工具上交货，运费付至指定出口地点 FOB: Free on Board (Named inland carrier at named inland point of departure freight allowed tonamed point) 国内指定起运地点运输工具上交货，扣除至指定地点运费国内指定起运地点运输工具上交货，扣除至指定地点运费 FOB: Free on
17、Board (Named inland carrier at named inland point of exportation) 国内指定出口地运输工具上交货国内指定出口地运输工具上交货 FOB: Free on Board Vessel (named port of shipment 指定装运港船上交货指定装运港船上交货 FOB: Free on Board (named inland point in country of importation) 进口国指定国内地点运输工具上交货进口国指定国内地点运输工具上交货 1928年，年，国际法协会国际法协会在华沙制在华沙制1928年华沙年华沙规
18、则规则，对，对CIF作了解释，共作了解释，共22条。条。1932年华沙年华沙-牛津规则牛津规则（Warsaw-Oxford Rules 1932）后在后在1930年的纽约会议、年的纽约会议、1931年的巴黎年的巴黎会议和会议和1932年的牛津会议上作了修订，年的牛津会议上作了修订，沿用至今。沿用至今。2000年通则年通则 四组术语四组术语(共共13种种)TRADE TERMS IN INCOTERMS 2000Section Two Incoterms Under some systems of law, trade terms have, at least traditionally, be
19、en used only to determine the division of costs between the parties. However, in present international custom, the main purpose of trade terms is to determine at what points the seller has fulfilled his obligations so that the goods in legal sense could be said to have been delivered to the buyer. T
20、he terms have been grouped in four basically different categories : (1) Namely starting with the only terms where-by the seller makes the goods available to the buyer at the sellers own premises (the “E” terms Ex-works). (2) Then the second group where-by the seller is called upon to deliver the goo
21、ds to a carrier appointed by the buyer ( the “F” terms FCA, FAS and FOB). Classifications of Trade Terms in Incoterms 2000 (3) Then the “C” terms where-by the seller has to contract for carriage, but without assuming the risk of, loss of, or damage to the goods or additional costs due to events occu
22、rring after shipment and dispatch (CFR, CIF, CPT and CIP), but the seller need not shoulder the risk or extra payment caused by goods loss after shipment. If by CIF and CIP terms the seller have to cover insurance for the goods shipped and pay the premium as well. The contract based on the “C” terms
23、 is a shipment contract, in which the delivery term is shipment time or delivery time, but not the arrival destination port or destination time. (4) And finally, the “D” terms where-by the seller has to bear all costs and risks needed to carry the goods to the country of destination (DAF, DES, DEQ,
24、DDU and DDP). So we say the contract based on these terms can be called arrival contract, in which, both the place and the time of destination should be stipulated clearly in the contract. The “D” terms can be divided into two groups: DAF,DES,DEQ and DDU, the seller is not responsible for customs cl
25、earance; DDP, the seller is responsible for customs clearance. Six Main Trade Terms FOB (Free on Board,named port of shipment) 船上交货船上交货(指指 定装运港定装运港) CFR (Cost and Freight，named port of destination)成本加运成本加运 费费(指定目的港指定目的港)CIF (Cost，Insurance and Freight，named port of destination)成本加保险费、运费成本加保险费、运费(指定目
26、的港指定目的港) CIP: Carriage and Insurance Paid to (named place of destination)（运费和保险费付至（运费和保险费付至（指定目的地）指定目的地） FCA: Free Carrier at(named place)（货交承运人（货交承运人（指定地指定地 点）点） CPT: Carriage Paid to (named place of destination)（运费付（运费付至（至（指定目的地）指定目的地） Review Introduction of Trade Terms The most Influential Trade
27、Conventions The Incoterms 2000 The Six Main Trade Terms FOBIncoterms 2010 The INCOTERMS 2010 became effective January 1, 2011. The new Incoterms accomplish the followings: (a) significantly revises Group D listed in INCOTERMS 2000; (b) reduce Incoterms from four groups to two groups, allowing trade
28、experts to choose the most suitable rule related to the mode of transport; and (c) reduces the absolute number of Incoterms from 13 to 11. Moreover, INCOTERMS 2010 offer additional guidance which assists users in selecting the most appropriate Incoterms for each transaction. The revised terms also s
29、pell out rules regarding the use of electronic procedures; detail information on security-related clearances for shipments; and offer advice with respect to domestic trade.Incoterms 2010 INCOTERMS 2010Group 1. Incoterms that apply to any mode of transport are:第一组：适用于任何运输方式的术语EXW FCACPTCIPDATDAPDDPEx
30、 WorksFree CarrierCarriage Paid ToCarriage And Insurance Paid ToDelivered At TerminalDelivered At PlaceDelivered Duty Paid工厂交货货交承运人运费付至目的地运费/保险费付至目的地目的地或目的港的集散站交货目的地交货完税后交货Group 2. Incoterms that apply to sea and inland waterway transport only:第二组：适用于水上运输方式的术语FASFOBCFRCIFFree Alongside ShipFree On B
31、oardCost And FreightCost, Insurance, and Freight装运港船边交货装运港船上交货成本加运费成本、保险费加运费Notes Even though from Jan.1st, 2011, the new Incoterms entered into force, the Incoterms 2000 can still be used in doing international trade. So if you want the Incoterms(R) 2010 rules to apply to your contract, you should
32、make this clear in the contract, through such words as, “the chosen Incoterms rule including the named place, followed by Incoterms(R) 2010”.Review1 Please show us the conventions you have got2 Please tell us the basic difference between Incoterms 2000 and Incoterms 2010 3 The most Influential Trade
33、 ConventionsReview Exercise1 “Warsaw-Oxford Rules1932” is made out by International Law Institute for _. a FOB b CRF c CIF d FCA2 “Incoterms” is made out by _. a International Law Association 国际法协会 b International Chamber of Commerce 国际商会 c The United Union World Trade Development Center 联合国贸发会 d Th
34、e United Nations International Law Commission 联合国国际法委员会Six Main Trade Terms in Incoterms (R) 20101FOB-Free on Board (insert named port of shipment)船上交货（插入制定装运港）2CFR: Cost And Freight (insert named port of destination) 成本加运费（插入指定目的港） This rule is to be used only for sea or inland waterway transport.
35、“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 t
36、hat moment onwards. The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment. 1FOB-Free on Board (insert named port of shipment)船上交货（插入制定装运港）船上交货（插入制定装运港） The reference to “procure” here caters for multiple sales down a chain (strin
37、g 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 require
38、s 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.1FOB-Free on Board (insert named port of shipment)船上交货（插入制定装运港）船上交货（插入制定装运港） FOB = EXW + risks and expens
39、es before the cargoes are loaded on the named ship + risks and expenses for export customs clearance + charges for commodity inspection before loading stipulated by the government. When adopting the FOB terms, we shall pay attention to the following points: 1) Delivery of the goods on board the vess
40、el. 2) Link-up of vessel and goods. 3) Expense for loading the goods on board the vessel. 4) The transfer of the risks.1FOB-Free on Board (insert named port of shipment)船上交货（插入制定装运港）船上交货（插入制定装运港） Under the FOB terms, in case the buyer charters a liner to carry the goods, since liner charges contain
41、loading and unloading expenses, therefore the loading expense is actually borne by the buyer. In case the goods are carried by a chartered vessel, the two parties shall negotiate who shall bear the loading expense and stipulate it clearly in the contract.1FOB-Free on Board (insert named port of ship
42、ment)船上交货（插入制定装运港）船上交货（插入制定装运港） On FOB term basis, Seller A prepared the goods at the stipulated time, meanwhile , Buyer B informed A of the name of vessel and the date of shipment ,when the goods is lifted to the ship, it fell down on the deck, now： Who shall take responsibility? Seller or Buyer? C
43、ASEANSWER Under FOB terms , the risk separation was the rail of the ship , during the shipment of goods, if they didnt across the ships rail, and fell to the sea, the seller should bear the risk . When the goods across the ships rail, fall in the deck, the buyer should bear the corresponding risks.
44、In this case, falling into the cargo deck, the buyer can assume the risk is no doubt.2CFR: Cost And Freight (insert named port of destination) 成本加运费（插入指定目的港）成本加运费（插入指定目的港）http:/ rule is to be used only for sea or inland waterway transport. “Cost and Freight” means that the seller delivers the goods
45、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 CI
46、F 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.
47、 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.2CFR: Cost
48、 And Freight (insert named port of destination) 成本加运费（插入指定目的港）成本加运费（插入指定目的港） 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 carr
49、iage 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
50、 either to deliver the goods on board the vessel or to procure goods already so delivered for shipment to the destination.2CFR: Cost And Freight (insert named port of destination) 成本加运费（插入指定目的港）成本加运费（插入指定目的港） In addition, the seller is required either to make a contract of carriage or to procure suc