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Incoterms2010国际贸易术语解释通则2010(中文版)

Incoterms2010国际贸易术语解释通则2010(中文版)

Incoterms2010国际贸易术语解释通则2010(中文版)Incoterms 2010国际贸易术语解释通则2010(中文版)正文:第一章:引言本章介绍了Incoterms 2010的背景和目的,以及其使用范围和适用性。

第二章:术语及定义本章详细解释了与国际贸易术语相关的各种定义和术语。

包括买方和卖方的权利和责任等内容。

第三章:封装和标记本章介绍了在国际贸易中封装和标记的要求。

涵盖了适用于集装箱货物和非集装箱货物的各种规定。

第四章:运输及交付部分的责任和风险转移本章详细说明了不同贸易条件下的买方和卖方之间的责任和风险转移。

包括海上运输、内陆运输和多式联运等情况下的规定。

第五章:保险本章解释了保险在国际贸易中的作用和责任。

包括买方和卖方的保险责任、索赔程序等内容。

第六章:支付本章介绍了国际贸易中的支付方式和相关规定。

涵盖了信用证、托收、现金付款等方面的内容。

第七章:争议解决本章解释了国际贸易争议解决的方式和程序。

包括仲裁、诉讼等各种解决争议的方式。

第八章:附则本章包括了一些与Incoterms 2010相关的特殊规定和说明。

如适用于国内贸易、可转让信用证等。

附件:法律名词及注释:1、仲裁:即通过仲裁机构解决争议的一种方式,由仲裁员根据相关法律和合同约定作出决定。

2、诉讼:即通过法院解决争议的一种方式,由法官根据法律判决争议的结果。

3、集装箱货物:指装运在标准化集装箱中的货物。

4、非集装箱货物:指装运在非标准化集装器中,或者未进行集装的货物。

Incoterms 2010-FULL TEXT

Incoterms 2010-FULL TEXT

RULES FOR ANY MODE OR MODES OF TRANSPORTEX WORKSEXW (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works”means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or at another named place(i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The rule should be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER’OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, theseller must provide the buyer, at the buyer’s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer’s request,risk and expense, any information in the possession of the seller that is required for the security clearance of the goods. A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk and expense (if any), with informationthat the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific pointhas been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed date or within the agreed period.B THE BUYER’OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the exportof the goods.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described inB5.A6 Allocation of costsThe seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyerThe seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery documentThe seller has no obligation to the buyer.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery,provided that the goods have been clearly identified as thecontract goods.B6 Allocation of costsThe buyer must:a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, provided thatthe goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export; andd)reimburse all costs and charges incurred by the seller in providing assistance as envisaged inA2.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of deliveryThe buyer must provide the seller with appropriate evidence of having taken delivery.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordancewith A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in themanner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.Free CarrierFCA (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Free Carrier”means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.If the parties intend to deliver the goods at the seller’s premises, they should identify the address of those premises as the named place of delivery. If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires 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.A THE SELLER’OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalitiesWhere applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of thegoods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage. However, if requestedby 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 contract of carriage and, if it does, shall promptly notify the buyer.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk, and expense (if any), with information thatthe buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.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 buyer.b) In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller’s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d)within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.B THE BUYER’OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer must contract at its own expense for the carriage of the goods from the named placeof delivery, except when the contract of carriage is made by the seller as provided for in A3 a). b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4. Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described inB5.A6 Allocation of costsThe seller must paya) all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6; andb) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.Ifa) the buyer fails in accordance with B7 to notify the nomination of a carrier or another person as envisaged in A4 or to give notice; orb) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge,then, the buyer bears all risks of loss of or damage to the goods:(i) from the agreed date, or in the absence of an agreed date,(ii) from the date notified by the seller under A7 within the agreed period; or, if no such date has been notified,(iii) from the expiry date of any agreed period for delivery,provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties,taxes, and other charges payable upon export as referred to in A6 b);b) any additional costs incurred, either because:(i) the buyer fails to nominate a carrier or another person as envisaged in A4, or(ii) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or(iii) the buyer has failed to give appropriate notice in accordance with B7,provided that the goods have been clearly identified as the contract goods; andc) where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.A7 Notices to the buyerThe seller must, at the buyer’s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed.A8 Delivery documentThe seller must provide the buyer, at the seller’s expense, with the usual proof that the goods have been delivered in accordance with A4.The seller must provide assistance to the buyer, at the buyer’s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordancewith A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request,risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.B7 Notices to the sellerThe buyer must notify the seller ofa) the name of the carrier or another person nominated as envisaged in A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article;b) where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods;c) the mode of transport to be used by the person nominated;andd) the point of taking delivery within the named place.B8 Proof of deliveryThe buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.The buyer must, where applicable, in a timely manner, provide to or render assistance inobtaining for the seller, at the seller’s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CARRIAGE PAID TOCPT (insert named place of destination) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage Paid To”means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier 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. The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which theseller must contract for the carriage. If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of theseller’s choosing and over which the buyer has no control. Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or airport), they need to specify this in their contract of sale.The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely. If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CPT requires 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.A THE SELLER’OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, theseller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods, and for their transport through any country prior to delivery.A3 Contracts of carriage and insurancea) Contract of carriageThe seller must contract or procure a contract for the carriage of the goods from the agreedpoint of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place. The contract of carriage must be made on usual terms at the seller’s expense and provide for carriage by the usual route and in a customary manner. If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk, and expense (if any), with information thatthe buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreed period.B THE BUYER’OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is upto the buyer to obtain, at its own risk and expense, any import licence or other officialauthorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must paya) all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b) the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller’s account under the contract of carriage; andc) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller’s account under the contract of carriage.A7 Notices to the buyerThe seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, it mustbear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must, subject to the provisions of A3 a), paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties,taxes, and other charges payable upon export as referred to in A6 c);b) all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller’s account under the contract of carriage;c) unloading costs, unless such costs were for the seller’s account under the contract of carriage;d) any additional costs incurred if the buyer fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods havebeen clearly identified as the contract goods; ande) where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country, unless included within the cost of the contract of carriage.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give theseller sufficient notice thereof.If customary or at the buyer’s request, the seller must provide the buyer, at the seller’s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment. If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods intransit by the transfer of the document to a subsequent buyer or by notification to the carrier. When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/orfor their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of deliveryThe buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs。

incoterms 2010 英文版全文

incoterms 2010 英文版全文

incoterms 2010 英文版全文RULES FOR ANY MODE OR MODES OFTRANSPORTEX WORKSEXW (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade. “Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller?s premises or at another named place (i.e., works, factory, warehouse, etc.). The sellerdoes not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The ruleshould be used with care as: a) The seller has no obligation to thebuyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer?s riskand expense. In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needsto be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER? OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and otherformalities Where applicable, the seller must provide the buyer, at the buyer?s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods. Where applicable, the seller must provide, at the buyer?s request, risk and expense, anyinformation in the possession of the seller that is required for the security clearance of the goods. A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer?s request, risk and expense (if any), with informationthat the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed date or within the agreed period.B THE BUYER? OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costsThe seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyerThe seller must give the buyer any notice needed to enable the buyer to take delivery of the goods. A8 Delivery documentThe seller has no obligation to the buyer.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must:a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4; b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7,provided that the goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, aswell as the costs of carrying out customs formalities payable upon export; andd)reimburse all costs and charges incurred by the seller inproviding assistance as envisaged in A2. B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof. B8 Proof of delivery The buyer must provide the seller with appropriate evidence ofhaving taken delivery.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriatefor their transport, unless the buyer has notified the seller ofspecific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request,risk and expense, any documents and information,including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to thefinal destination.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipmentinspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of anysecurity information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and chargesincurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.Free CarrierFCA (insert named place of delivery) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. “Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller?s premises or anothernamed place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point. If the parties intend to deliver the goods at the seller?s premises, they should identify the address ofthose premises as the named place of delivery. If, on the other hand,the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires 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.A THE SELLER? OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence ofconformity that may be required by the contract. Any document referredto in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and otherformalitiesWhere applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carryout all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage. 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 contract of carriage and, if it does, shall promptly notify the buyer.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer?s request, risk, and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.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 buyer.b) In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller?s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d)within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.B THE BUYER? OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in thecontract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and otherformalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer must contract at its own expense for the carriage of the goods from the named place of delivery, except when the contract of carriage is made by the seller as provided for in A3 a). b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4. Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costsThe seller must paya) all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6; andb) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.Ifa) the buyer fails in accordance with B7 to notify the nomination of a carrier or another person asenvisaged in A4 or to give notice; orb) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, then, the buyer bears all risks of loss of or damage to the goods:(i) from the agreed date, or in the absence of an agreed date,(ii) from the date notified by the seller under A7 within the agreed period; or, if no such date has been notified,(iii) from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b) any additional costs incurred, either because:(i) the buyer fails to nominate a carrier or another person as envisaged in A4, or (ii) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or (iii) the buyer has failed to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; andc) where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.A7 Notices to the buyerThe seller must, at the buyer?s risk and expense, give the buyer sufficient notice either that thegoods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed.A8 Delivery documentThe seller must provide the buyer, at the seller?s expense, with the usual proof that the goods havebeen delivered in accordance with A4.The seller must provide assistance to the buyer, at the buyer?s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriatefor their transport, unless the buyer has notified the seller ofspecific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately. A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request,risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goodsand/or for their transport to the final destination.B7 Notices to the sellerThe buyer must notify the seller ofa) the name of the carrier or another person nominated as envisagedin A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article;b) where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods;c) the mode of transport to be used by the person nominated; andd) the point of taking delivery within the named place.B8 Proof of deliveryThe buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipmentinspection, except when such inspection is mandated by the authoritiesof the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of anysecurity information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and chargesincurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10. The seller must reimburse the buyer for all costs and charges incurred by the buyer in providingor rendering assistance in obtaining documents and information as envisaged in B10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller?s request, risk and expense, any documents and information,including security-related information, that the seller needs forthe transport and export of the goods and for their transport throughany country.CARRIAGE PAID TOCPT (insert named place of destination) Incoterms 2010GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage Paid To” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils itsobligation to deliver when it hands the goods over to the carrier 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. The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for the carriage. If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller?s choosing and over which the buyer has no control. Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or airport), they need to specify this in their contract of sale. The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely. If the seller incurs costs under its contract of carriagerelated to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties. CPT requires 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.A THE SELLER? OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and otherformalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods, and for their transport through any country prior to delivery.A3 Contracts of carriage and insurancea) Contract of carriageThe seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place. The contract of carriage must be made on usual terms at theseller?s expense and provide for carriage by the usual route and in a customary manner. If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the pointat the named place of destination that best suit its purpose.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer?s request, risk, and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by handing them over to thecarrier contracted in accordance with A3 on the agreed date or withinthe agreed period.B THE BUYER? OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in thecontract of sale. Any document referred to in B1-B10 may be anequivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and otherformalities Where applicable, it is up tothe buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalitiesfor the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance. B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5. A6 Allocation of costs The seller must paya) all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b) the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller?s account under the contract of carriage; andc) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller?s account under the contract of carriage.A7 Notices to the buyerThe seller must notify the buyer that the goods have been delivered in accordance with A4. The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must, subject to the provisions of A3 a), paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b) all costs and charges relating to the goods while in transituntil their arrival at the agreed place of destination, unless such costs and charges were for the seller?s account under the contract of carriage;c) unloading costs, unless such costs were for the seller?s account under the contract of carriage;d) any additional costs incurred if the buyer fails to give noticein accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods; ande) where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country, unless included within the cost of the contract of carriage.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give the seller sufficient notice thereof.If customary or at the buyer?s request, the seller must provide the buyer, at the seller?s expense, with the usual transport document[s] for the transport contracted in accordance with A3. This transport document must cover the contract goods and be dated within the period agreed for shipment. If agreed or customary, the document must also enable thebuyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier. When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well asthe costs of any pre-shipment inspection mandated by the authority ofthe country of export. The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified theseller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer?s request,risk and expense, any documents and information,including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.。

Incoterms-2010-国际贸易术语中英文对照解释(全)

Incoterms-2010-国际贸易术语中英文对照解释(全)

EXW (insert named place of delivery)GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or a t another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The rule should be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a betterposition to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller i s in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation toprovide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However,the seller may need this information for, e.g., taxation or reporting purposes.EXW——工厂交货(……指定地点)本条规则与(当事人)所选择的运输模式无关,即便(当事人)选择多种运输模式,亦可适用该规则。

Incoterms-2010-国际贸易术语中英文对照解释(全)

Incoterms-2010-国际贸易术语中英文对照解释(全)

EXW (insert named place of delivery)GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or a t another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The rule should be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a betterposition to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller i s in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation toprovide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However,the seller may need this information for, e.g., taxation or reporting purposes.EXW——工厂交货(……指定地点)本条规则与(当事人)所选择的运输模式无关,即便(当事人)选择多种运输模式,亦可适用该规则。

《2010年国际贸易术语解释通则》(INCOTERMS2010)条文全文

《2010年国际贸易术语解释通则》(INCOTERMS2010)条文全文
FCA 货交承运人 (……指定地点) “货交承运人(……指定地点)”是指卖方只要将货物在指定的地点交给由买方指定的承运 人,并办理了出口清关手续,即完成交货。需要说明的是,交货地点的选择对于在该地点装 货和卸货的义务会产生影响。若卖方在其所在地交货,则卖方应负责装货,若卖方在任何其 他地点交货,卖方不负责卸货。 该术语可用于各种运输方式,包括多式联运。 “承运人”指任何人在运输合同中,承诺通过铁路、公路、空运、海运、内河运输或上述运 输的联合方式履行运输或由他人履行运输。 若买方指定承运人以外的人领取货物,则当卖方将货物交给此人时,即视为已履行了交货义 务。 A 卖方义务 B 买方义务 A1 提供符合合同规定的货物
《2010 年国际贸易术语解释通则》 (INCOTERMS2010)条文全文
E组(发货) ---------------------------------- EXW 工厂交货(……指定地点) F组(主要运费未付) ---------------------------------- 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) ---------------------------------- CFR 成本加运费(……指定目的港) CIF 成本、保险费加运费(……指定目的港) CPT 运费付至(……指定目的地) CIP 运费、保险费付至(……指定目的地) D组(到达) ---------------------------------- 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)

Incoterms2010国际贸易术语解释通则2010(中文版)

Incoterms2010国际贸易术语解释通则2010(中文版)

Incoterms2010国际贸易术语解释通则2010(中文版)Incoterms2010国际贸易术语解释通则2010(中文版)引言Incoterms2010,即国际贸易术语解释通则2010,是国际商会(ICC)制定的贸易术语标准。

这一标准的目的是为国际贸易中的买卖双方提供一套共同理解的贸易术语,以便在交货、运输和分担风险等方面达成一致。

术语分类Incoterms2010将贸易术语分为四大类:1. E类术语(Departure):货物离开卖方处时,卖方完成了他的责任;2. F类术语(Mn carriage not pd by seller):卖方将货物交给运输人员后,卖方完成了他的责任;3. C类术语(Mn carriage pd by seller):卖方负责预付运费,但风险转移给买方的时间是在货物交给第一运输人员之前;4. D类术语(Arrival):卖方负责交货并将货物交给买方指定的目的地。

主要术语解释以下是几个Incoterms2010中的主要术语解释:EXW(卖方工厂交货)EXW即“ex works”的缩写,意为卖方工厂交货。

在EXW术语下,卖方只需将货物准备好并交于买方指定的地点,买方负责所有的运输和保险手续。

FOB(装运港价格)FOB即“free on board”的缩写,意为装运港价格。

在FOB术语下,卖方将货物交于指定的装运港口,并承担货物装载到船上的费用和风险。

一旦货物装上船,责任就转移给买方。

CIF(到岸价、保险费付至目的港)CIF即“cost, insurance and freight”的缩写,意为到岸价、保险费付至目的港。

在CIF术语下,卖方负责将货物交至目的港口,并承担货物运输和保险费用直到目的港口。

DDP(交货完税价)DDP即“delivered duty pd”的缩写,意为交货完税价。

在DDP术语下,卖方负责将货物交至买方指定的目的地,并承担货物在目的地的所有费用和风险,包括关税和税费。

Incoterms 2010 全

Incoterms 2010 全

目录INCOTERMS2010相对于INCOTERS2000的主要变化 (2)INCOTERMS2010 (2)RULES FOR ANY MODE OR MODES OF TRANSPORT (3)EXW (3)FCA (7)CPT (11)CIP (15)DAT (21)DAP (25)DDP (29)RULES FOR SEA AND IINLAND WATERWAY TRANSPORT (33)FAS (33)FOB (37)CFR (41)CIF (46)一、【国际贸易术语解释通则】全名为“international rules for the interpretation of trade terms”简称为“international commercial terms"(以下简称INCOTERMS),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。

二、避免或减少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出现。

避免或减少误解、争议和诉讼,从而节约时间和费用。

三、国际商会(INTERNATIONAL CHAMBER OF COMMERCE,ICC) 自20世纪20年代初开始对重要的国际贸易术语作统一解释的研究,并于1936年提出一套解释贸易术语的具有国际性的统一规则,定名为INCOTERMS1936.国际商会又在1953年、1967年、1976年、1980年、1990年2000年、2010年对【国际贸易术语解释通则】进行了补充修订。

四、【2010年国际贸易术语解释通则】于2011年1月1日正式生效。

INCOTERMS2010相对于INCOTERS2000的主要变化一、术语分类的调整。

由2000原来的EFCD四组分为适用于两类:适用于各种运输方式和水运。

二、贸易术语的数量由原来的13种变为11种。

Incoterms_2010-FULL_TEXT

Incoterms_2010-FULL_TEXT

INCOTERMS 2010(International Chamber of Commerce Terms 2010)PART 1RULES FOR ANY MODE OR MODES OF TRANSPORTEXWEX WORKSEXW (insert named place of delivery)GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller‟s premises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The rule should be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer‟s risk and expense. Incases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalitiesWhere applicable, the seller must provide the buyer, at the buyer‟s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer‟s r equest, risk and expense, any information in the possession of the seller that is required for the security clearance of the goods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer‟s request, risk and expense (if any), with information that the buyer needs forobtaining insurance.A4 DeliveryThe seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed date or within the agreed period.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costsThe seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyerThe seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery documentThe seller has no obligation to the buyer.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to bemarked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or r ender assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when A4 and A7 have been complied with.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified asthe contract goods.B6 Allocation of costsThe buyer must:a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export; andd)reimburse all costs and charges incurred by the seller in providing assistance as envisaged in A2.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of deliveryThe buyer must provide the seller with appropriate evidence of having taken delivery.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.FCAFree CarrierFCA (insert named place of delivery)GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. “Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller‟s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point. If the parties intend to deliver the goods at the seller‟s premises, they should identify the address of those premises as the named place of delivery. If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires 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.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalitiesWhere applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage. 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 contract of carriage and, if it does, shall promptly notify the buyer.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the bu yer‟s request, risk, and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.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 buyer.b) In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller‟s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d) within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costsThe seller must paya) all costs relating to the goods until they have been delivered inaccordance with A4, other than those payable by the buyer as envisaged in B6; andb) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export.A7 Notices to the buyerThe seller must, at the buyer‟s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed.A8 Delivery documentThe seller must provide the buyer, at the seller‟s expense, with the usual proof that the goods have been delivered in accordance with A4.The seller must provide assistance to the buyer, at the buyer‟s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer must contract at its own expense for the carriage of the goods from the named place of delivery, except when the contract of carriage is made by the seller as provided for in A3 a).b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4.Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.Ifa) the buyer fails in accordance with B7 to notify the nomination of acarrier or another person as envisaged in A4 or to give notice; orb) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, then, the buyer bears all risks of loss of or damage to the goods:(i) from the agreed date, or in the absence of an agreed date,(ii) from the date notified by the seller under A7 within the agreed period; or, if no such date has been notified,(iii) from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b) any additional costs incurred, either because:(i) the buyer fails to nominate a carrier or another person as envisaged in A4, or(ii) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or(iii) the buyer has failed to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; andc) where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country.B7 Notices to the sellerThe buyer must notify the seller ofa) the name of the carrier or another person nominated as envisaged in A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article;b) where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods;c) the mode of transport to be used by the person nominated; andd) the point of taking delivery within the named place.B8 Proof of deliveryThe buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information,including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CPTCARRIAGE PAID TOCPT (insert named place of destination) Incoterms 2010 GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. “Carriage Paid To” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier 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. The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for the carriage. If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller‟s choosing and over which the buyer has no control. Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or airport), they need to specify this in their contract of sale. The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely. If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties. CPT requires the seller to clear the goods for export, whereapplicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods, and for their transport through any country prior to delivery.A3 Contracts of carriage and insurancea) Contract of carriageThe seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place. The contract of carriage must be made on usual terms at the seller‟s expense and provide for carriage by the usual route and in a customary manner. If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer‟s request, risk, and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreedperiod.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must paya) all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b) the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller‟s account under the contract of carriage; andc) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller‟s account under the contract of carriage.A7 Notices to the buyerThe seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.A8 Delivery documentIf customary o r at the buyer‟s request, the seller must provide the buyer, at the seller‟s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment. If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or bynotification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export. The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for theirtransport through any country.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must, subject to the provisions of A3 a), paya) all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b) all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller‟s account under the contract of carriage;c) unloading costs, unless such costs w ere for the seller‟s account under the contract of carriage;d) any additional costs incurred if the buyer fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed。

2010年国际贸易术语解释通则

2010年国际贸易术语解释通则

2010年国际贸易术语解释通则国际商会(ICC)重新编写的《2010年国际贸易术语解释通则》(INCOTERMS2010,2010通则),是国际商会根据国际货物贸易的发展,对2000通则的修订,2010年9⽉27⽇公布,于2011年1⽉1⽇开始全球实施,2010通则较2000通则更准确标明各⽅承担货物运输风险和费⽤的责任条款,令船舶管理公司更易理解货物买卖双⽅⽀付各种收费时的⾓⾊,有助于避免现时经常出现的码头处理费(THC)纠纷。

此外,新通则亦增加⼤量指导性贸易解释和图⽰,以及电⼦交易程序的适⽤⽅式。

虽然2010通则于2011年1⽉1⽇正式⽣效,但并⾮2000通则就⾃动作废。

因为国际贸易惯例本⾝不是法律,对国际贸易当事⼈不产⽣必然的强制性约束⼒。

国际贸易惯例在适⽤的时间效⼒上并不存在“新法取代旧法”的说法,即2010通则实施之后并⾮2000通则就⾃动废⽌,当事⼈在订⽴贸易合同时仍然可以选择适⽤2000通则甚⾄1990通则。

相对2000通则,2010通则主要有以下变化。

(1)13种贸易术语变为11种;(2)贸易术语分类由四级变为两类;(3)使⽤范围的扩⼤⾄国内贸易合同;(4)电⼦通信⽅式被2010通则赋予完全等同的功效。

以上内容整理⾃《国际贸易理论与实务》(朱*⽣主编,⼈民邮电出版社2011年9⽉出版)、《国际贸易实务》(张*芳主编,⼈民邮电出版社2011年3⽉出版)2000通则和2010通则的主要区别INCOTERMS2010于2011年1⽉1⽇起正式实施,2010与2000相⽐主要变化有:1.贸易术语的数量由原来的13种变为11种。

2.删除INCOTERMS2000中四个D组贸易术语,即DDU(DeliveredDutyUnpaid)、DAF(DeliveredAtFrontier)、DES(DeliveredExShip)、DEQ(DeliveredExQuay),只保留了INCOTERMS2000D组中的DDP(DeliveredDutyPaid)。

2010年国际贸易术语解释通则(中文完整版)

2010年国际贸易术语解释通则(中文完整版)

2010年国际贸易术语解释通则(INCOTERMS 2010)目录1.2010年国际贸易术语解释通则(INCOTERMS 2010)1.引言2.EXW3.FCA4.CPT5.CIP6.DAT7.DAP8.DDP9.FAS10.FOB11.CFR12.CIF《2010年国际贸易术语解释通则》中文版 INCOTERMS 2010 (2011年1月第二版)引言适用于任何单一运输方式或多种运输方式的术语EXW (EX works) 工厂交货FCA (Free Carrier) 货交承运人CPT (Carriage Paid To) 运费付至CIP (Carriage and lnsurance Paid to) 运费、保险费付至DAT (Delivered At Terminal) 运输终端交货DAP (Delivered At Place) 目的地交货DDP (Delivered Duty Paid) 完税后交货适用于海运和内河水运的术语FAS (Free Along Side) 船边交货FOB (Free On Board) 船上交货CFR (Cost and Freight) 成本加运费CIF (Cost, Insurance and Freight) 成本、保险加运费EXW(EX Works工厂交货)该术语可适用于任何运输方式,也可适用于多种运输方式。

它适合国内贸易,而FCA一般则更适合国际贸易。

“工厂交货”是指当卖方在其所在地或其它指定地点(如工厂、车间或仓库等)将货物交由买方处置时,即完成交货。

卖方不需将货物装上任何前来接收货物的运输工具,需要清关时,卖方也无需办理出口清关手续。

特别建议双方在指定交货地范围内尽可能明确具体交货地点,因为在货物到达交货地点之前的所有费用和风险都由卖方承担。

买方则需承担自此指定交货地的约定地点(如有的话)收取货物所产生的全部费用和风险。

EXW(工厂交货)术语代表卖方最低义务,使用时需注意以下问题:a) 卖方对买方没有装货的义务,即使实际上卖方也许更方便这样做。

国际贸易术语解释通则2010(全本)

国际贸易术语解释通则2010(全本)

为适应国际贸易的快速发展和国际贸易实践领域发生的新变化,国际商会于2007年发起对国际贸易术语解释通则2000(Incoterms 2000)进行修订的动议,并组建了修订小组。

为了将中国商界的利益和要求反映到Incoterms®的最新版本中,中国国际商会于2009 年牵头组建了ICC China国际贸易术语解释通则®修订委员会,带领国内商界多次向国际商会提交中方针对Incoterms®2010修订稿的意见,其中大部分意见被采纳到新通则中。

在这个过程中,我们欣喜地看到中国商界在世界经贸舞台上的地位得到迅速提高,中国的参与已经成为世界商业规则制订不可或缺的一部分。

Incoterms®2010的修订工作历时3年,征集了全球商界大量意见和建议,几易其稿,最终版本于2010年9月正式面世,并于2011年1月1日起生效。

为帮助国内经贸界尽快学习和熟练掌握新的规则,并将规则及早应用于贸易实践,中国国际商会在第一时间组织了中文版本的翻译工作。

同时,作为被国际商会授权唯一可以举办Incoterms@2010培训的中国机构,中国国际商会举办了一系列培训,帮助中国企业深入理解和正确应用Incoterms®20 1 0各种条款。

在此,我要感谢ICC China国际贸易术语解释通则修订委员会的专家对每一次的修订稿件所提出的宝贵意见,正是他们的不懈努力使中国商界的声音得以准确及时地反馈给国际商会。

我还要感谢中国政法大学国际法学院院长莫世健教授、中国国际经济贸易仲裁委员会仲裁员、Incoterms 2000译审专家魏家驹教授、中国国际经济贸易仲裁委员会仲裁员严思忆教授在百忙之中对中文版本进行的细致严谨的审校工作,从而保证了本书译本的权威性。

特别值得一提的是,ICC China的专家们此次还对Incoterms的译名进行了认真的讨论。

他们一致认为,Incoterms字面和实际内容并无“解释”之意,贴切的译名应为国际贸易术语通则。

2010年国际贸易术语解释通则 (INCOTERMS2010)

2010年国际贸易术语解释通则 (INCOTERMS2010)

《2010年国际贸易术语解释通则》INCOTERMS○R2010(国际商会第715号出版物)2010年1月1日起实施DAT(insert named terminal at port or place of destination)INCOTERMS○R2010终点站交货(填写目的港或目的地指定终点站)引言本术语可适用于任何运输方式,包括多式运输在内。

“终点站交货”是指卖方在指定目的港或目的地的指定终点站,将货物从到达的运输工具上卸下并交由买方处置时,即完成交货义务。

“终点站”包括任何地方,不论是露天的或有遮蔽的,例如码头、仓库、集装箱堆场或公路、铁路或航空货运站。

卖方负担将货物运至指定目的港或目的地终点站和卸货过程中的一切风险。

当事人应尽可能清楚地指明终点站,如果可能,指明在指定目的港或目的地内的一个特定地点,因为至该地点的风险归卖方负担。

卖方应取得一份符合该要求的具体的运输契约。

此外,如果当事人希望卖方将货物自该终点站运送至另一地方,并负担运送和处理货物的一切风险和费用,则应使用DAP或DDP 术语。

DA T术语要求卖方在清关适用的地方办理货物出口清关。

然而,卖方并无义务办理货物进口清关,支付任何进口关税或办理任何进口海关手续。

A卖方义务B 买方义务A1 卖方的一般义务卖方必须提供符合买卖合同要求的货物和商业发票,以及按合同规定需提供的任何其他证明货物符合合同的凭证。

A1至A10中所提及的任何单据,如当事人协商一致或者已另有惯例,均可为具有同等效力的电子记录或程序。

.B1 买方的一般义务买方必须依照买卖合同规定支付价款。

B1至B10中所提及的任何单据,如当事人协商一致或者已另有惯例,均可为具有同等效力的电子记录或程序。

.A2 许可证、核准书,安检以及其他手续在清关适用的地方,卖方必须自负风险和费用,取得任何出口许可证或其他官方核准书,并办理货物出口所需的一切海关手续.B2许可证、核准书,安检以及其他手续在清关适用的地方,买方必须自负风险和费用,以取得任何进口许可证或其他官方核准书,并办理货物进口以及通A3 运输和保险合同a)运输合同卖方必须自付费用订立运输合同,将货物运至指定目的港或目的地的指定终点站。

2010国际贸易术语解释通则(中文完整版)

2010国际贸易术语解释通则(中文完整版)

2010年国际贸易术语解释通则(INCOTERMS 2010)目录1. 2010年国际贸易术语解释通则(INCOTERMS 2010)1. 引言2. EXW3. FCA4. CPT5. CIP6. DAT7. DAP8. DDP9. FAS10. FOB11. CFR12. CIF《2010年国际贸易术语解释通则》中文版INCOTERMS 2010 •(2011年1月第二版)引言适用于任何单一运输方式或多种运输方式的术语EXW (EX works) 工厂交货FCA (Free Carrier) 货交承运人CPT (Carriage Paid To) 运费付至CIP (Carriage and lnsurance Paid to) 运费、保险费付至DAT (Delivered At Terminal) 运输终端交货DAP (Delivered At Place) 目的地交货DDP (Delivered Duty Paid) 完税后交货适用于海运和内河水运的术语FAS (Free Along Side) 船边交货FOB (Free On Board) 船上交货CFR (Cost and Freight) 成本加运费CIF (Cost, Insurance and Freight) 成本、保险加运费EXW(EX Works工厂交货)该术语可适用于任何运输方式,也可适用于多种运输方式。

它适合国内贸易,而FCA一般则更适合国际贸易。

“工厂交货”是指当卖方在其所在地或其它指定地点(如工厂、车间或仓库等)将货物交由买方处置时,即完成交货。

卖方不需将货物装上任何前来接收货物的运输工具,需要清关时,卖方也无需办理出口清关手续。

特别建议双方在指定交货地范围内尽可能明确具体交货地点,因为在货物到达交货地点之前的所有费用和风险都由卖方承担。

买方则需承担自此指定交货地的约定地点(如有的话)收取货物所产生的全部费用和风险。

最全的incoterms2010通则术语解释

最全的incoterms2010通则术语解释

说明:《2010通则》(INCOTERM2010) 2010年9月,2010国际贸易术语解释通则发布,并于2011年1月1日正式生效。

《2010通则》删除《2000通则》中四个D组贸易术语,即DDU、DAF、DES、DEQ,只保留了《2000通则》D组中的DDP;新增加两种D组贸易术语,即DAT与DAP。

所以《2010通则》共包括11种术语。

《2010通则》还要注意的一个变化是,放弃了以船舷为交货点的说法。

即《2010通则》在FOB、CFR和CIF三个术语中改变了以“船舷”作为交货点的表述,代之以货物置于“船上”时构成交货。

《2010通则》实施之后并非《2000通则》就自动作废。

当事人在订立贸易合同时仍然可以选择适用《2010通则》或《2000通则》,甚至《1990通则》。

国际贸易术语解释通则(2010)(2011年1月1日实施)目录前言EXW——工厂交货(……指定地点)FCA——货交承运人(……指定地点)CPT——运费付至(……指定目的港)CIP——运费和保险费付至(……指定目的地)DAT——终点站交货(……指定目的港或目的地)DAP——目的地交货(……指定目的地)DDP——完税后交货(……指定目的地)FAS——船边交货(……指定装运港)FOB——船上交货(……指定装运港)CFR——成本加运费付至(……指定目的港)CIF——成本,保险加运费付至(……指定目的港)全球化经济赋予商业以空前宽广途径通往世界各地市场。

货物得以在更多的国家、大量且种类愈繁地销售。

然而随着全球贸易数额的增加与贸易复杂性的提升,因销售合同不恰当起草引致误解与高代价争端可能性也提高了。

国际贸易术语解释通则这一用于国内与国际贸易事项的国际商会规则使得全球贸易行为更便捷。

在销售合同中参引国际贸易术语解释通则2010可清晰界定各方义务并降低法律纠纷的风险。

自1936年国际商会创制国际贸易术语以来,这项在全球范围内普遍被接受的合同标准经常更新,以保持与国际贸易发展步调一致。

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Incoterms2010全目录INCOTERMS2010相对于INCOTERS2000的主要变化 (2)INCOTERMS2010 .......................................................... ........................................................ 2 RULES FOR ANY MODE OR MODES OFTRANSPORT (3)EXW .................................................................... .. (3)FCA .................................................................... (7)CPT .................................................................... . (11)CIP .................................................................... .. (15)DAT .................................................................... (21)DAP .................................................................... . (25)DDP .................................................................... . (29)RULES FOR SEA AND IINLAND WATERWAYTRANSPORT (33)FAS .................................................................... . (33)FOB .................................................................... . (37)CFR .................................................................... . (41)CIF .................................................................... .. (46)一、【国际贸易术语解释通则】全名为“international rule s for the interpretation of trade terms”简称为“international commercial terms"(以下简称INCOTERMS),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。

二、避免或减少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出现。

避免或减少误解、争议和诉讼,从而节约时间和费用。

三、国际商会(INTERNATIONAL CHAMBER OF COMMERCE,ICC) 自20世纪20年代初开始对重要的国际贸易术语作统一解释的研究,并于1936年提出一套解释贸易术语的具有国际性的统一规则,定名为INCOTERMS1936.国际商会又在1953年、1967年、1976年、1980年、1990年2000年、2010年对【国际贸易术语解释通则】进行了补充修订。

四、【2010年国际贸易术语解释通则】于2011年1月1日正式生效。

INCOTERMS2010相对于INCOTERS2000的主要变化一、术语分类的调整。

由2000原来的EFCD四组分为适用于两类:适用于各种运输方式和水运。

二、贸易术语的数量由原来的13种变为11种。

1. 删除了DAF,DES,DEQ,DDU.2. 增加了DAT( Delivered at terminal,在指定目的地或目的港的集散站交货), DAP(delivered at place, 在指定目的地交货)。

3. 用DAP取代了DAF,DES和DDU三个术语,DAT取代了DEQ,且扩展至适用于一切运输方式。

三、【2010年国际贸易术语解释通则】取消了船舷的概念,卖方承担货物装上船为止的一切风险,买方承担货物自装运港装上船后的一切风险。

INCOTERMS2010不仅适用于国际销售合同,也适用于国内销售合同。

TERMINAL在英文中意指终点站,即指飞机、火车、汽车、轮船的终点。

所以,DAT意指运到上述地点,但是卖方要负责卸货。

DESTINATION在英文中指最终目的地,可以是双方约定的任何地点。

所以DAP的交货地点比DAT更灵活,包括买方营业场所。

但是卖方不负责卸货。

正是因此,如果到了TERMINAL之后还要运到另外地点,建议使用DAP或DDP.INCOTERMS2010 第一组:适用于任何运输方式的术语7种:EXW,FCA,CPT,CIP,DAT,DAP,DDPEXW ( EX WORKS) 工厂交货FCA(FREE CARRIER) 货交承运人CPT (CARRIAGE PAID TO) 运费付至目的港CIP (CARRIAGE AND INSURANCE PAID TO) 运费/保险费付至目的地 DAT (DELIVERED AT TERMINAL) 目的地或目的港的集散站交货 DAP (DELIERED AT PLACE) 目的地交货DDP (DELIVERED DUTY PAID) 完税后交货第二组:适用于水上运输方的术语4种:FAS,FOB,CFR,CIF. FAS (FREE ALONGSIDE SHIP) 装运港船边交货FOB (FREE ON BOARD) 装运港船上交货CFR (COST AND FREIGHT) 成本加运费CIF (COST, INSURANCE AND FREIGHT) 成本、保险费加运费。

RULES FOR ANY MODE OR MODES OF TRANSPORTEXWEX WORKSEXW (insert named place of delivery) Incoterms 20101. EXW: Ex Works (… named place)工厂交货条件+指定地点,如EXW Nanjing 此条件下买方所负担责任最大,故若买方不便自出口国办理相关事宜则不宜采此条件。

A. 卖方须负责:风险转移:在卖方营业场所内将货物交买方处置为止。

费用负责:货物在卖方营业场所交买方处置前一切成本及费用。

单据提供:1.商业发票;2.协助买方取得货出、进口及过境他国等相关文件。

货物交付:卖方只需约定期限内将货物备妥置于自己营业场所、工厂或仓库内,同时不负责把货装上买方之运输工具,也不负责出口通关手续。

B. 买方负责:待卖方交货后,买方即必须自行负担一切风险及费用将货物装上其所备之收货交通工具,同时办理货物出口通关及装运事宜。

GUIDANCE NOTEThis rule may be used irrespective of the mode of transport selected and may also be usedwhere more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyerat the seller’s pre mises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named placeof delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller. The ruleshould be used with care as:a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller is in a better position to load the goods, FCA, whichobliges the seller to do so at its own risk and expense, is usually more appropriate.b) A buyer who buys from a seller on an EXW basis for export needsto be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER’ OBLIGATIONSA1 General obligations of the sellerThe seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Anydocument referred to in A1-A10 may be an equivalent electronicrecord or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, theseller must provide the buyer, at the buyer’s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer’s requ est, risk and expense, anyinformation in the possession of the seller that is required for the security clearance of the goods.A3 Contracts of carriage and insurancea) Contract of carriageThe seller has no obligation to the buyer to make a contract of carriage.b) Contract of insuranceThe seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk and expense (if any), with informationthat the buyer needs for obtaining insurance.A4 DeliveryThe seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specificpointhas been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods ontheagreed date or within the agreed period.B THE BUYER’ OBLIGATIONSB1 General obligations of the buyerThe buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalitiesWhere applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the exportof the goods.B3 Contracts of carriage and insurancea) Contract of carriageThe buyer has no obligation to the seller to make a contract of carriage.b) Contract of insuranceThe buyer has no obligation to the seller to make a contract of insurance.B4 Taking deliveryThe buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risksThe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described inB5.A6 Allocation of costsThe seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyerThe seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery documentThe seller has no obligation to the buyer.B5 Transfer of risksThe buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4. If the buyer fails to give notice in accordance with B7, then thebuyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costsThe buyer must:a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, providedthatthe goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export; andd)reimburse all costs and charges incurred by the seller in providing assistance as envisaged in A2.B7 Notices to the sellerThe buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of deliveryThe buyer must provide the seller with appropriate evidence of having taken delivery.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordancewith A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in themanner appropriate for their transport, unless the buyer hasnotified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.A10 Assistance with information and related costsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information,including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B9 Inspection of goodsThe buyer must pay the costs of any mandatory pre-shipmentinspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costsThe buyer must, in a timely manner, advise the seller of anysecurity information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and chargesincurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.FCAFree CarrierFCA (insert named place of delivery) Incoterms 2010FCA: FREE CARRIER (… NAMED PLACE)货交承运人条件+指定地点如: FCA PVG AIRPORTA. 卖方须负责:风险转移:卖方只要将货物在指定的地点交给由买方提定的承运人,并办理了出口清关手续,即完成了交货。

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