国际贸易术语解释通则2010之FCA(中英对照版)

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2010新版国际贸易术语解释通则(中英文版)

国际贸易术语解释通则（2010）法政学院11法61许艳文目录前言. 1EXW——工厂交货（……指定地点）. 5FCA——货交承运人（……指定地点）. 7CPT——运费付至（……指定目的港）. 10CIP——运费和保险费付至（……指定目的地）13DAT——终点站交货（……指定目的港或目的地）16DAP——目的地交货（……指定目的地）. 18DDP——完税后交货（……指定目的地）. 20FAS——船边交货（……指定装运港）. 22FOB——船上交货（……指定装运港）. 24CFR——成本加运费付至（……指定目的港）27CIF——成本，保险加运费付至（……指定目的港）30国际贸易术语解释通则2010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。

国际贸易术语解释通则2010版考虑到了全球范围内免税区的扩展，商业交往中电子通讯运用的增多，货物运输中安保问题关注度的提高以及运输实践中的许多变化。

国际贸易术语解释通则2010更新并加强了“交货规则”——规则的总数从13降到11，并为每一规则提供了更为简洁和清晰的解释。

国际贸易术语解释通则2010同时也是第一部使得所有解释对买方与卖方呈现中立的贸易解释版本。

国际商会商法和实践委员会成员来自世界各地和所有贸易领域，该委员会宽泛的专业技能确保了国际贸易术语解释通则2010与各地的商贸需要照应。

国际商会向Fabio Bortolotti（意大利）的商法和实践委员会的成员表示谢意，向由Charles Debattista（副组长，英国），Christoph Martin Radtke （副组长，法国），Jens Bredow （德国），Johnny Herre （瑞典），David Lwee（英国），Lauri Railas （芬兰），Frank Reynold（美国），Miroslav Subert （捷克）组成的起草小组致谢，并且向对11条规则的表述给予帮助的Asko Raty （芬兰）致谢。

国际贸易术语解释通则2010之FCA(中英对照版)

Free Carrier 货交承运人FCA (insert named place of delivery) Incoterms 2010 货交承运人（…指定地点） GUIDANCE NOTE 序言This 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 anothe r named place. The parties are well advised to specify as clearly as possible the point within the n amed place of delivery, as the risk passes to the buyer at that point. If the parties intend to delive r the goods at the seller’s premises, they should identify the address of those premises as the na med place of delivery. If, on the other hand, the parties intend the goods to be delivered at anoth er place, they must identify a different specific place of delivery. FCA requires the seller to clear t he 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.该术语适用于所选择的任一运输方式，也可被用于多式联运。

国际贸易术语解释通则2010. English Version

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 T HE 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 provide the buyer, at the buyer‟s reques t, 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 information that 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 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 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 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.A9 Checking –packaging –markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, and 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 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 requested by the buyer or if it is commercial practice and the buyer does not give an instruction to thecontrary in due time, the seller may contract for carriage on usual terms at the buyer‟s risk and expense. In eithercase, 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 i nformation 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 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 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 eit her 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 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.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 the seller‟s choosing and over which thebuyer 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, 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 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 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 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 underthe 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 ofcarriage;c) unloading costs, unless such costs were for the seller‟s accoun t 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 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 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 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/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.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 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 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.CARRIAGE AND INSURANCE PAID TOCIP (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 and Insurance Paid to” means that the se ller 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.The seller also contracts for insurance cover against the buyer‟s risk of loss of or damage to the goods during the carriage. The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.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 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 an 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。

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新版国际贸易术语解释通则(中英文版)

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。

国际贸易术语解释通则2010更新并加强了“交货规则”——规则的总数从13降到11，并为每一规则提供了更为简洁和清晰的解释。

国际贸易术语解释通则2010同时也是第一部使得所有解释对买方与卖方呈现中立的贸易解释版本。

国际商会商法和实践委员会成员来自世界各地和所有贸易领域，该委员会宽泛的专业技能确保了国际贸易术语解释通则2010与各地的商贸需要照应。

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。

国际贸易术语解释通则2010之FCA(中英对照版)

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(中文完整版) 2010年国际贸易术语解释通则(中文完整版)第一章总则第一节概述本章主要介绍了国际贸易术语解释通则的背景和目的，以及适用范围和相关的国际法规。

第二节术语定义及解释原则本节详细定义了国际贸易中常用的术语，并解释了解释原则，包括解释的基本原则和实践中的约定。

第二章贸易各方的义务和责任第一节包装本节详细介绍了包装的要求和责任，包括适当的包装和标记，以及运输过程中的包装责任。

第二节运输本节介绍了贸易中的运输方式和相关的责任，包括船运、空运和公路运输等。

第三节运输装卸本节详细解释了运输装卸的义务和责任，包括装卸操作的安全、有效和及时性要求。

第三章确认和通知义务第一节通知义务本节详细介绍了贸易各方在交付、装运和运输过程中的通知义务，包括时间、方式和内容等。

第二节保险通知义务本节解释了贸易各方在保险方面的通知义务，包括提供保险资料和及时通知保险索赔等。

第四章签证及其他形式的验单第一节签证本节详细介绍了签证的义务和要求，包括进口国和出口国对于货物合规性的确认和审批等。

第二节验单本节解释了贸易各方在验单方面的义务和责任，包括验货、验运和确定货物数量的过程和要求。

第五章付款第一节支付方式本节介绍了贸易中常见的支付方式，包括信用证、托收和保函等，以及相关的义务和责任。

第二节不可撤销信用证本节详细解释了不可撤销信用证的要求和条款，以及付款的过程和条件。

第三节托收本节解释了托收的义务和责任，包括委托、托收指示和付款条件等。

第六章解释规则第一节约定解释规则本节详细解释了贸易各方之间的约定解释规则，包括口头约定和书面约定的解释原则。

第二节基于惯例和交易习惯的解释规则本节介绍了基于惯例和交易习惯的解释规则，包括国际商会发布的相关规则和惯例。

第七章争议解决第一节媒介解决争议本节详细介绍了贸易争议的媒介解决方式，包括调解、仲裁和诉讼等。

第二节争议解决的程序本节解释了争议解决的程序，包括申请、听证、裁决和执行等。

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《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.如果卖方装货，也是由买方承担相关风险和费用。

当卖方更方便装货物时，FCA一般更合适，因为该术语要求卖方承担装货义务，以及与此相关的风险和费用.b) 以EXW为基础购买出口产品的买方需要注意，卖方只有在买方要求时,才有义务协助办理出口，即卖方无义务安排出口通关。

2010年国际贸易术语解释通则(中文完整版)解析

2010年国际贸易术语解释通则(中文完整版)解析范本1：一、引言本文档解释了2010年国际贸易术语解释通则的内容，旨在明确各项国际贸易术语的含义和适用范围，为国际贸易提供统一的规范。

二、术语解释2.1 EXW（……地方）（按货物所在地命名）EXW（……地方）术语表示卖方履行交货义务的责任仅限于将货物交于买方指定地点的出口国境交界处或其他约定地点，卖方无义务办理出口通关手续。

2.2 FCA（……装运地）（按货物所在地命名）FCA（……装运地）术语表示卖方完成装货义务的责任在货物交于第一运输公司时为止，卖方须将货物交至买方指定的装运地点，并负责办理出口通关手续。

2.3 CFR（……目的港）或CIF（……目的港）（按货物所在地命名及港口名称）CFR（……目的港）或CIF（……目的港）术语表示卖方负责交货义务直到将货物交至目的港的船上，并负责办理出口通关手续，但不负责货物进入目的港的进口通关和支付目的港的进口费用。

3、附件本文档涉及的附件包括以下内容：附件1：国际贸易术语解释通则2010年完整版（中文版）附件2：国际贸易术语解释通则2010年完整版（英文版）附件3：国际贸易术语解释通则2010年常见问题解答4、法律名词及注释4.1 国际贸易术语解释通则：国际商会发布的关于国际贸易术语的准则，旨在统一术语的含义和适用范围。

4.2 EXW：指货物出厂价。

4.3 FCA：指卖方完成装货义务的责任。

4.4 CFR：指卖方负责交货义务直到将货物交至目的港的船上。

------------------------------------------------------------范本2：一、前言本文档是2010年国际贸易术语解释通则的解析，目的是明确各个国际贸易术语的定义和适用情况，为全球贸易提供规范和参考。

二、术语解释2.1 EXW（……地方）（按货物所在地命名）EXW术语表示卖方将货物交由买方指定的地点进行交接，卖方无义务办理出口通关手续。

国际贸易术语解释通则2010(中文版)

国际贸易术语解释通则（2010）目录前言. 1EXW——工厂交货（……指定地点）. 5FCA——货交承运人（……指定地点）. 7CPT——运费付至（……指定目的港）. 10CIP——运费和保险费付至（……指定目的地） 13DAT——终点站交货（……指定目的港或目的地） 16DAP——目的地交货（……指定目的地）. 18DDP——完税后交货（……指定目的地）. 20FAS——船边交货（……指定装运港）. 22FOB——船上交货（……指定装运港）. 24CFR——成本加运费付至（……指定目的港） 27CIF——成本，保险加运费付至（……指定目的港） 30国际贸易术语解释通则2010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。

国际贸易术语解释通则2010更新并加强了“交货规则”——规则的总数从13降到11，并为每一规则提供了更为简洁和清晰的解释。

国际贸易术语解释通则2010同时也是第一部使得所有解释对买方与卖方呈现中立的贸易解释版本。

国际商会商法和实践委员会成员来自世界各地和所有贸易领域，该委员会宽泛的专业技能确保了国际贸易术语解释通则2010与各地的商贸需要照应。

Incoterms-2010-国际贸易术语中英文对照解释(全)

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。

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。

Incoterms-2010-国际贸易术语中英文对照解释(全)

ForewordBy Rajat Gupta, ICC ChairmanThe global economy has given business broader access than ever before to markets all over the world. Goods are sold in more countries ，in large quantities, and in greater variety. But as the volume and complexity of global sales increase, so do possibilities for misunderstandings and costly disputes when sale contracts are not adequately drafted.The Incoterms? rules, the ICC rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications.Since the creation of the Incoterms rules by ICC in 1936, this globally accepted contractual standard has been regularly updated to keep pace with the development of international trade. The Incoterms 2010 rules take account of the continued spread of customs-free zones, the increased use of electronic communications in business transactions, heightened concern about security in the movement of goods and consolidates in transport practices. Incoterms2010 updates and consolidates the 'delivered' rules, reducing the total number of rules from 13 to 11, and offers a simpler and clearer presentation of all the rules. Incoterms 2010 is also the first version of the Incoterms rules to make all references to buyers and sellers gender-neutral.The broad expertise of ICC's Commission on Commercial Law and Practice, whose membership is drawn from all parts of the world and all trade sectors, ensures that the Incoterms 2010 rules respond to business needs everywhere defines the parties' respective obligations and reduces the risk of legal complications.ICC would like to express its gratitude to the members of the Commission, chaired by Fabio Bortolotti (Italy), to the Drafting Group, which comprised Charles Debattista (Co-Chair, France), Jens Bredow (Germany), Johnny Herre (Sweden), David Lwee (UK), Lauri Railas (Finland), Frank Reynolds (US),and Miroslav Subert (Szech Republic), and to Asko Raty (Finland) for assistance with the images depicting the 11 rules.前言国际商会主席Rajat Gupta全球经济一体化使得商业通向世界各地市场的途径空前宽广。

国际贸易术语解释通则2010之FCA(中英对照版)

Free Carrier 货交承运人FCA (insert named place of delivery) Incoterms 2010 货交承运人（…指定地点） GUIDANCE NOTE序言This rule may be used irrespective of the mode of transport selected and may also be used where mor e than one mode of transport is employed. “Free Carrier” means that the seller delivers the goods t o the carrier or another person nominated by the buyer at the seller’s premises or another named pl ace. The parties are well advised to specify as clearly as possible the point within the named place of d elivery, as the risk passes to the buyer at that point. If the parties intend to deliver the goods at the sell er’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 d ifferent specific place of delivery. FCA requires the seller to clear the goods for export, where applica ble.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.该术语适用于所选择的任一运输方式，也可被用于多式联运。

2010新版国际贸易术语解释通则(中英文版)

国际贸易术语解释通则（2010）目录前言 (2)EXW——工厂交货（......指定地点） (5)FCA——货交承运人（......指定地点）. (8)CPT——运费付至（......指定目的港） .. (11)CIP——运费和保险费付至（......指定目的地） .. (15)DA T——终点站交货（......指定目的港或目的地） (18)DAP——目的地交货（......指定目的地） (21)DDP——完税后交货（......指定目的地） (23)FAS——船边交货（......指定装运港） .. (26)FOB——船上交货（......指定装运港）.. (28)CFR——成本加运费付至（......指定目的港）.. (31)CIF——成本，保险加运费付至（......指定目的港） (35)前言Incoterms 2010规则阐释了一系列在货物销售商业（商事）合同实践中使用的三字母系列贸易术语。

Incerotms 2010规则主要描述货物从卖方到买方运输过程中涉及的义务、费用和风险的分配。

如何运用Incoterms®2010规则1.将Incoterms®2010规则订入到你的销售合同中如果你要使Incoterms规则2010在你的合同中适用，你应该在合同中，通过如“所选择的Incoterms 规则（含指定地点）附上Incoterms规则2010”这类文字以明确表示。

2.选择适当的Incoterms规则所选的Incoterms规则须与货物、其运输方式相称，最重要的是与合同双方是否有意添加额外义务相称，例如安排运输或保险的义务于买方或卖方。

每个对贸易术语的指导性解释中都包含对做出此项决定非常有帮助的信息。

不论是哪一项Incoterms规则被选用，适用双方应该意识到对合同的说明会颇受到所用港口或地方特有的惯例影响。

3.尽可能精准地说明你所在地方或港口名称仅当当事人双方选定特定的一个收货地或港口时，所选术语才能发挥作用。

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“Free Carrier”是指卖方只要将货物在其所在地或指定交货地点交给买方指定的承运人，即完成交货。

当事人应尽可能精准地指定交付地点，因为到达指定地点后风险由买方承担。

如果当事人计划在卖方所在地交货，则应指明卖方所在地的地址为指定的交付地点。

如果当事人计划在另一地点交货，则应指明另一明确的交货地点。

FCA要求在需要办理海关手续时由卖方负责货物出口清关。

然而，卖方并没有义务办理货物进口清关、负担任何进口关税或办理任何进口海关手续。

A THE SELLER’ OBLIGATIONS 卖方义务A1 General obligations of the seller 卖方基本义务The 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 r eferred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.卖方必须提供符合销售合同规定的货物和商业发票以及按照合同约定必需的有同等作用的其他任何凭证。

以及经当事人同意或根据交易习惯在A1-A10中提到的任何有同等作用的电子记录或程序的凭证。

A2 Licences, authorizations, security clearances and other formalities 许可，授权，安全许可和其他正式手续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. 在需要办理清关手续时，卖方必须承担风险和费用获得任何出口许可或其他官方授权，办理货物出口所需的一切海关手续。

A3 Contracts of carriage and insurance 运输合同和保险合同 a) Contract of carriage 运输合同The 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. I n either case, the seller may decline to make the contract of carriage and, if it does, shall promptl y notify the buyer.卖方没有义务为买方订立运输合同。

但若买方要求，或者如果是商业惯例而买方未适时给予卖方相反指示，则卖方可按照通常条件订立运输合同，费用和风险由买方承担。

在任何一种情况下，卖方都可以拒绝订立此合同；如果拒绝，则应立即通知买方。

b) Contract of insurance 保险合同The seller has no obligation to the buyer to make a contract of insurance. However, the seller mus t provide the buyer, at the buyer’s request, risk, and expense (if any), with information that the b uyer needs for obtaining insurance.卖方没有义务为买方订立保险合同。

但应买方要求并由其承担风险和费用，卖方必须提供给买方办理保险所需的相关信息。

A4 Delivery 交货The 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.卖方必须在指定的交货地点，在约定的交货日期或期限内，将货物交付给买方指定的承运人或其他人。

Delivery is completed: 交货在以下时候完成：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.若指定的地点是卖方所在地，则当货物被装上买方提供的运输工具时；b) In any other case, when the goods are placed at the disposal of the carrier or another person n ominated 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.在其他情况下，当货物在卖方的运输工具上准备卸货而交给买方指定的承运人或其他人处置时完成交货。

若按照B7 d)规定在指定交货地点内买方没有决定具体交货点，且有几个具体交货点可供选择时，卖方可选择最适合其目的的交货点。

A5 Transfer of risks 风险转移The seller bears all risks of loss of or damage to the goods until they have been delivered in accor dance with A4, with the exception of loss or damage in the circumstances described in B5.除B5规定者外，卖方必须承担货物灭失或损坏的一切风险，直至已按照A4规定交货为止。

A6 Allocation of costs 费用划分The seller must pay 卖方必须支付：a) 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; and b) where applicable, the costs of customs for malities necessary for export, as well as all duties, taxes, and other charges payable upon export. 除按照B6规定应由买方支付的费用外，卖方必须支付与货物有关的一切费用，直至已按照A4规定交货为止；在需要办理海关手续时，货物出口应办理的海关手续费用及出口应交纳的一切关税、税款和其他费用。