1. the price of goods
主讲教师：夏夕美

2. Body Quantity Package Price Payment Transport Insurance Inspection
Description of commodity
Quantity
all the terms and conditions agreed upon
Package
Price
Body
Payment
Transport
Insurance
Inspection
Claims & dispute
Import & Export Practices

3. Import & Export Practices价格 条 款
Unit price
Amount
Import & Export Practices

4. the price of goods
主讲教师：夏夕美

5. Import & Export Practices
The price of the goods
Unit price and total amount of payment are extremely important in a contract.
After several rounds of offer and counter-offer, both parties reach an agreement on the price.
Import & Export Practices

6. Import & Export Practices
The price of the goods
The total amount should be written in figure and capital,
When writing the total amount in capital, we always add “say” at the beginning of the sentence, and “only” at the end.
USD (in figure)
SAY: US DOLLARS THIRTY EIGHT THOUSAND FIVE HUANDRED ONLY. (in capital)
Import & Export Practices

7. Import & Export Practices
The price of the goods
the price of goods usually refers to the unit price.
Import & Export Practices

8. Import & Export Practices
Unit price
Unit price has four parts:
The currency
The figure
The calculating unit
The price term
Import & Export Practices

9. Import & Export Practices
How to mark the price in international trade？
E.g. HKD5.00 per dozen net CIF Hong Kong.
E.g. USD21 per set FOB Shanghai including your commission 5% on FOB basis.
Feather sofa
USD200 per set FOB Dalian
Import & Export Practices

10. TRADE TERMS
主讲教师：夏夕美

11. Import & Export Practices
case
One import and export company exported his goods under the CIF term. The seller delivered the goods on board the vessel on time and prepared all necessary documents. But the vessel stranded(搁浅) and sank（沉没） in a few hours after departure.
Import & Export Practices

12. Import & Export Practices
case
The next day, when the seller asked for payment with full set of documents in conformity with the contract, the buyer refused to accept the documents and rejected payment because his goods have been lost.
Is it reasonable for the buyer to do so? Why?
Import & Export Practices

13. Import & Export Practices
ONE: Trade Terms
One problem in international trade is that different countries might have different interpretation of the same contract wording. Thus there is a risk of misunderstanding and subsequent disputes.
Import & Export Practices

14. Import & Export Practices
ONE: Trade Terms
However, such a problem can be best solved or reduced by creating a set of internationally accepted terms defining the respective roles of the buyer and seller in the arrangement of transportation and other responsibilities and clarifying when the ownership of the merchandise takes place.
Import & Export Practices

15. Definition of Trade Terms
The trade terms refer to using a brief English concept or abbreviation to indicate the formation of the unit price and determine the responsibilities, expenses and risks borne by two parties as well as the time of the passing of the property in the goods.
Import & Export Practices

16. Functions of Trade Terms
Responsibilities and expenses borne by two parties（双方责任、费用的划分）
The time and place of delivery/ risk transfer（交货地点/风险转移点）
The formation of the unit price (价格构成)
Import & Export Practices

17. Import & Export Practices
Functions 1:
The primary function of the trade terms is to define the responsibilities to be carried out by either the seller or the buyer. In relation to the responsibilities, there are costs and expense. Problem in that regard would often mean loss of good relation and loss of repeat orders.
Import & Export Practices

18. Import & Export Practices
Functions 2:
titles to the goods will pass over from the seller to the buyer at different time and places. Seller and buyer need to know when and how they will lose or acquire the title to the goods.
Time and place of delivery are crucial factors in defining the point where the responsibilities and the risks pass from the seller to the buyer.
Import & Export Practices

19. Import & Export Practices
Functions 3:
It is therefore of vital importance to establish a clearly defined cut-off point to show where the seller’s responsibilities and risks ends and where the buyer’s begin so that the seller can price his goods accurately and the buyer can calculate the full cost of import.
Import & Export Practices

20. Import & Export Practices
Functions 3:
In transaction, different trade term used by the buyer an seller decides the price. The price of same goods quoted on FOB basis is lower than that on CIF basis, as the seller need to pay the freight and the insurance on CIF. So, the trade terms can define the formation of the unit price.
Import & Export Practices

21. International customary practices
Name
Issued by
time
trade terms
Revised American Foreign Trade Definitions 1990
美国商业团体 In
1919
EXW,FOB, FAS,C&F, CIF, DEQ
Warsaw-Oxford Rules
International Law Institute
国际法协会
1928
CIF
International Rules for the Interpretation of Trade Terms
International Chamber of Commerce
1936
E、F、C、D
11 Trade terms
1)Warsaw--Oxford Rules 1932 《华沙牛津公约》
2)Revised American Foreign Trade Definitions
《1990美国对外贸易修订本》
3)International Rules For the Interpretation of Trade Terms
《国际贸易术语解释通则》
Import & Export Practices

22. Import & Export Practices
国际贸易惯例特点
概念：在国际贸易长期实践中形成的一些具有普遍意义的习惯做法和解释。
应用：
国际上一些组织、团体就国际贸易某一方面问题的解释或订立规则，如支付、运输、价格等。
国际上一些主要港口的传统惯例或行业惯例。
各国司法机关或仲裁机构的典型案例或裁定。
地位：
非强制性，可被各国法律和政策所超越；
指导性
应用强制性（一旦订入合同，具有强制性）；
是判决、裁决之依据。
Import & Export Practices

23. Warsaw-Oxford Rules 1932 《1932年华沙——牛津规则》
该协议是国际法协会专门对CIF制定的。
1928年，国际法协会在华沙开会，制定关于CIF买卖合同的统一规则；经数次修订，在1932年牛津会议上定型。
协议以英国的贸易惯例和案例为基础，对CIF买卖合同的性质、买卖双方承担的费用、责任、风险作了说明。
Import & Export Practices

24. Revised American Foreign Trade Definitions 1941 《 1990年美国对外贸易定义修正本》
1919在美国举行泛美贸易会议时所制定的出口报价定义,1941年经美国商会、全国对外贸易委员会National Council of American Importers, Inc.等三个民间团体所组成的联合委员会修订后，改称为现名,1990年最终修改。
本规则主要在北美大陆使用，因其FOB的定义与INCOTERMS不同，所以在同该区域客户贸易时应注意贸易术语的定义。
Import & Export Practices

25. Revised American Foreign Trade Definitions 1990
本规则共解释六种贸易条件：
原产地交货（EX Point of Origin）
在运输工具上交货（Free on board）
在运输工具旁边交货（Free Along Side）
成本加运费(Cost and Freight)
成本、保险费加运费(Cost, Insurance and Freight)
目的港码头交货(EX Dock)
Import & Export Practices

26. Import & Export Practices
INCOTERMS
International Rules for the Interpretation of Trade Terms, commonly referred to as Incoterms, are such a set of commercial terms.
It aims to provide such a set of standardized terms which mean exactly the same to both parties to a contract and which will be interpreted in exactly the same way by courts in every country.
This set of terms was first published in 1936 and is now in its 7th revision, we call it 2010 INCOTERMS
Import & Export Practices

27. Import & Export Practices
INCOTERMS
However, Incoterms are not part of national or international law though they can be binding on sellers and buyers as their contractual obligations provided the sales contract specifies that a particular Incoterms will apply.
In a word, Incoterms are not a panacea for a sales transaction.
Import & Export Practices

28. Import & Export Practices
TRADE TERMS IN INCOTERMS 2010 组别 术语
术语全写
中文术语
E/启运
EXW
Ex Work
工厂交货 F组
主运费未付
FCA
Free Carrier
货交承运人
FAS
Free Alongside Ship
装运港船边交货
FOB
Free on Board
装运港船上交货 C组
主运费已付
CFR
Cost and Freight
成本加运费
CIF
Cost Insurance Freight
成本加保险费运费
CPT
Carriage Paid To
运费付至目的地
CIP
Carriage and Insurance Paid To
运费、保险费付至目的地
Import & Export Practices

29. Import & Export Practices
TRADE TERMS IN INCOTERMS 2010 组别 术语
术语全写
中文术语 D组 到达
DAT
delivered at terminal
目的地或目的港的集散站交货
DAP
delivered at place
指定目的地交货
DDP
Delivered Duty Paid
完税后交货
Import & Export Practices

30. TRADE TERMS IN INCOTERMS 2010
The following terms can be used only for sea or inland waterway transport:
FAS, FOB, CFR, CIF
The following terms can be used for multimodal transport
EXW, FCA, CIP, CPT, DAT,DAP, DDP
Six main international trade terms
FOB, CFR, CIF, FCA, CPT, CIP
Import & Export Practices

31. Import & Export Practices
FAS
FAS=Free alongside ship….named port of shipment
FAS means that the sellers fulfils his obligation to deliver when the goods have been placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all cost and risks of loss of or damage to the goods from that moment.
Import & Export Practices

32. THE SELLER’S RESPONSIBILITIES
1. provide appropriate packing and marking
2. deliver the goods at the disposal of the buyer alongside the ship.
3. carry out the export procedures
4. provide the buyer with the document received for the delivery of the goods
Import & Export Practices

33. THE BUYER’S RESPONSIBILITIES
1. take delivery of the goods alongside the ship
2. carry out the import procedures and the carriage to the final destination
Import & Export Practices

34. Import & Export Practices
FAS注意事项
使用该术语与美国贸易时应注意：美国认为FAS 是Free Along Side的代表，意为将货物交到各种运输工具旁边，故而含义较广。后面加VESSEL才代表装运港船边交货
船货衔接：买方必须把船名、交货地点、时间及时通知卖方。卖方货抵船边后，应通知买方。
FAS下卖方不负责装船费。
Import & Export Practices

35. Import & Export Practices
FOB
FOB=Free on Board (…Named port of Shipment) 　　
It means that the seller fulfils his obligation to deliver the goods when they have shipped on board at the named port of shipment. This means that the buyer has to bear all expenses and risks of or damage to the goods from that point.
Import & Export Practices

36. Import & Export Practices
FOB 卖方
货物装上船风险转移
卖方办出口手续 海运
买方负责运输、
运费、进口手续 目的 港 买方 目的 港
Import & Export Practices

37. THE SELLER’S RESPONSIBILITIES
1、deliver the goods at the time stipulated in the contract，provides sufficient notice
2、obtains the export licenses and authorizations and carry out all export formalities and procedures
3、assume all risks of loss or damage to the goods until they have shipped on board.
Import & Export Practices

38. THE SELLER’S RESPONSIBILITIES
4、provides the buyer with a proof of delivery or a transport document (such as B/L ,inspection documents)
The most important is deliver the goods on time and notice the buyer.
Generally speaking, the seller dispatches the shipping advice within 24hours after shipment.
Import & Export Practices

39. THE BUYER’S RESPONSIBILITIES
1、take delivery of the goods on board the ship at the port of shipment
2、carry out the import procedures and the carriage to the final destination
3、assume all risks of loss or damage to the goods after they have shipped on board.
Import & Export Practices

40. Import & Export Practices
THE VARIATION OF FOB
In order to indicate who shall bear the loading charges expenses, the most used variation of FOB are:
1、FOB liner terms
2、FOB under tackle
3、FOB stowed
4、FOB trimmed
Import & Export Practices

41. Import & Export Practices
CASE
On FOB term basis, Seller A prepared the goods at the stipulated time, meanwhile, Buyer B informed A of the name of vessel and the date of shipment, when the goods is lifted to the ship, it fell down on the deck, so now who shall take responsibility? Seller or Buyer?
Import & Export Practices

42. Import & Export Practices
ANSWER
Under FOB terms , the risk separation was the rail of the ship , during the shipment of goods, if they didn’t across the ship's rail, and fell to the sea, the seller should bear the risk . When the goods across the ship's rail, fall in the deck, the buyer should bear the corresponding risks.
Import & Export Practices

43. Import & Export Practices
案例分析
某出口公司向外商出售一级大米300吨，成交价格条件FOB上海。装船时货物经检验符合合同要求，货物出运后，卖方及时向买方发出装船通知。但是航运途中，因海浪过大，大米大半被海水浸泡，品质受到影响。货物到达目的港后，只能按三级大米价格出售，于是买方要求卖方赔偿差价损失。这种要求是否合理？为什么？
Import & Export Practices

44. Import & Export Practices
ANSWER
In this case, falling into the cargo deck, the buyer can assume the risk is no doubt.
Import & Export Practices

45. Import & Export Practices
使用FOB术语需注意的问题
1、风险划分问题——“船上为界”
风险有时会提前转移；但无论是风险的正常转移还是风险的提前转移都有前提条件，即货物需特定化(Specialization)。即货物已经适当地划归本合同，已清楚地分开或以其他方式特定为该合同项下的货物.
《2010通则》在FOB、CFR和CIF序言中指出：有关当事人应以货物装上指定船只作为完成交货的义务
Import & Export Practices

46. Import & Export Practices
使用FOB术语需注意的问题
2、船货衔接问题
船等货：空舱费，滞期费（由卖方负责）
货等船：仓储费、保险费、利息损失（由买方负责）
船先到：造成空舱dead freight；
船后到：增加货物仓储费；
船及时到，货迟到：造成空舱
买方有时指定卖方为租船订舱的代理，但即使这样，风险和费用仍由买方承担。
Import & Export Practices

47. Import & Export Practices
案例分析
我与美商达成的合同中采用的术语为 FOB上海，合同规定的交货时间为2001年3~4月份，可是到了4月30日，买方指派的船只还未到达上海港，问：
1、如果货物在5月2日因仓库失火而全部灭失。发生灭失的风险应由谁来负担？
2、如果船于5月2日到达并装运，由此为保存货物而发生的额外费用由谁负担？
Import & Export Practices

48. Import & Export Practices
个别国家对FOB 的不同解释
美国、加拿大等国对于FOB的特殊用法：
（1）FOB NEW YORK含义两个
装运港船上交货
内陆运输工具上交货
FOB VESSEL NEW YORK 装运港船上交货
（2）买方负责办理出口手续缴纳关税
Import & Export Practices

49. Import & Export Practices
案例分析
我某公司每公吨242美元FOB Vessel New York进口200公吨钢材。我方如期开出48400美元信用证，但美商来电要求增加信用证金额至50000美元，不然有关出口捐税及签证费应由我另行电汇。美方此举是否合理？
Import & Export Practices

50. 1990美国对外贸易定义修订本 对FOB规定的六种情况
FOB (named inland carrier at named inland point of departure)
（在指定国起运地点的指定国内运输工具上交货）
FOB (named inland carrier at named inland point of exportation) Freight Paid to (named point of exportation)
（在指定国内起运地点的指定运输工具上交货，运费预付至指定出口地点）
FOB (named inland carrier at named inland point of departure) Freight Allowed to (named point)
（在指定国内起运地点的指定运输工具上交货，扣除至指定地点运费）
Import & Export Practices

51. 1990美国对外贸易定义修订本 对FOB规定的六种情况
FOB (named inland carrier at named point of exportation)
（在指定出口地点的指定国内运输工具上交货）
FOB Vessel (named port of shipment)
（指定装货港船上交货）
FOB (named inland point in country of importation)
（进口国指定国内地点运输工具上交货）
Import & Export Practices

52. Import & Export Practices
CFR
CFR (Cost and Freight，…named port of destination)
It means that the seller shall undertake the cost and freight necessary to carry the goods to the named port of destination,
C&F
Import & Export Practices

53. Import & Export Practices
CFR
but the risks of, losses of, or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered on board the vessel, are transferred from the seller to the buyer when the goods is shipped on board at the port of shipment．
Import & Export Practices

54. Import & Export Practices
CFR 卖方
在装运港船上交货
卖方承担运费
卖方办理租船订舱、
出口手续
买方负责进口手续
目的港 买方 海运
风险在船舷转移
Import & Export Practices

55. THE SELLER’S RESPONSIBILITIES
1、deliver the goods at the time stipulated in the contract，and bear freight from port of loading and discharge, provides sufficient notice
2、obtains the export licenses and authorizations and carry out all export formalities and procedures
Import & Export Practices

56. THE SELLER’S RESPONSIBILITIES
3、assume all risks of loss or damage to the goods until they have shipped on board.
4、provides the buyer with a proof of delivery or a transport document (such as B/L, inspection documents)
5、The most important is deliver the goods on time and notice the buyer.
Import & Export Practices

57. THE BUYER’S RESPONSIBILITIES
1、Accept delivery of goods at the port of shipment and receive them from the carrier at the port of destination
2、Carry out the import procedures and the carriage to the final destination
Import & Export Practices

58. Import & Export Practices
THE VARIATION OF CFR
In order to indicate who shall bear the unloading charges expenses, the most used variation of CFR are:
CFR Ex Ship’s Hold
CFR Ex Tackle
CFR Landed
CFR Liner Terms
Import & Export Practices

59. Import & Export Practices
案例分析
我某公司按CFR术语与英国A客户签约成交，合同规定保险由买方自理。我方于9月1日凌晨2点装船完毕，受载货轮于当日下午起航。因9月1、2日是周末，我方未及时向买方发出装船通知。3日上班收到买方急电称：货轮于2日下午4时遇难沉没，货物灭失，要求我方赔偿全部损失。试分析此案例。
Import & Export Practices

60. Import & Export Practices
CASE
A merchant in South America placed an order with a Chinese export company for a certain commodity on CFR Asuncion (亚松森)terms .With a view to develop new markets, the export company immediately made an offer abroad on the basis of CFR Asuncion, and the transaction was soon concluded.
Import & Export Practices

61. Import & Export Practices
CASE
When shipping the goods, however, this company came to realize that Asuncion is an inland city. As was the case, if the company had the goods transported to Asuncion, it had to , first of all, have the goods transported by sea to a seaport in Argentina or some other South American neighboring country.
Import & Export Practices

62. Import & Export Practices
CASE
After that, the goods might be transport to Asuncion through river transportation or inland transportation. As a result, this company had to pay a considerable sum of freight charges.
What can we learn from this case?
Import & Export Practices

63. Import & Export Practices
ANSWER
In this case the loss was caused simply because of the ignorance on the part of the export businessman. What we can learn from this case is that, when offering abroad, we must make exact calculations of the total freight and other relevant charges. Most importantly, it is very beneficial for every export businessman to learn geography.
Import & Export Practices

64. Import & Export Practices
CIF
CIF (Cost，Insurance and Freight，…named port of destination)
It means that the seller has the obligation to procure marine insurance against the risks of, losses of, or damage to the goods during the carriage.
Under CIF term, the seller has the same obligations as under CFR, but with the addition that he has to procure marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage. The seller contracts for insurance and pays the insurance premium.
Import & Export Practices

65. Import & Export Practices
CIF
The buyer should note that under the CIF term the seller is only required to obtain insurance on the minimum cover. Should the buyer wish to have the protection of greater cover, he would either need to agree as such expressly with the seller or to make his own extra insurance arrangements.
卖方投保的保险金额应按CIF价加成10%.途中出险买方自己索赔，卖方协助.
Import & Export Practices

66. Import & Export Practices
CIF
在装运港船上交货
卖方承担运费和保险
卖方办理租船订舱、投保、出口手续
买方负责进口手续
目的港 买方 卖方 海运
风险在船舷转移
Import & Export Practices

67. THE SELLER’S RESPONSIBILITIES
1、deliver the goods at the time stipulated in the contract，and bear seafreight and insurance premium from port of loading to discharge.
2、obtains the export licenses and authorizations and carry out all export formalities and procedures
Import & Export Practices

68. THE SELLER’S RESPONSIBILITIES
3、assume all risks of loss or damage to the goods until they have been shipped on board.
4、provides the buyer with a proof of delivery or a transport document (such as B/L ,inspection documents) and insurance policy
Import & Export Practices

69. Import & Export Practices
THE VARIATION OF CIF
In order to indicate who shall bear the unloading charges, the most used variation of CIF are:
1. CIF Liner Terms
2. CIF Ex Ship’s Hold
3. CIF Ex Tackle
4. CIF Landed
Import & Export Practices

70. Import & Export Practices
CASE
A Chinese import and export company concluded a Sale Contract with a Holland firm on August 5, 2000, selling a batch of certain commodity. The contract was based on CIF Rotterdam at USD 2500 per metric ton.
Import & Export Practices

71. Import & Export Practices
CASE
The Chinese company delivered the goods in compliance with the contract and obtained a clean on board Bill of Lading.
During transportation, however, 100 metric tons of goods got lost because of rough sea.
Import & Export Practices

72. Import & Export Practices
CASE
Upon arrival of the good, the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller. How would you deal with the case?
Import & Export Practices

73. Import & Export Practices
ANSWER
It was not right for the buyer not to take delivery of the goods. In this case, the contract concluded between the seller and the buyer was on CIF terms, according to which, the seller’s responsibilities ended when he loaded the goods on board the ship and paid the freight and insurance premium;
Import & Export Practices

74. Import & Export Practices
ANSWER
the risks were transferred to the buyer or the other parties concerned after the seller put the goods on board the ship.
Since the documents presented by the seller were right and proper, the seller could directly get paid form the Issuing Bank of the L/C.
Import & Export Practices

75. Import & Export Practices
ANSWER
However, part of the goods got lost because of rough sea. Does this mean that the buyer suffered loss? It is definitely not the case because there are other two sub-contracts existing on CIF terms-I/P (insurance policy) and Bill of Lading.
Import & Export Practices

76. Import & Export Practices
ANSWER
In this case the buyer could claim damages with the insurance company, but he had to take delivery of the goods. Obviously, the actual reason for the buyer’s refusal to accept the goods in this case was that the prices of the goods were going down. This is, certainly, unjustified.
Import & Export Practices

77. Import & Export Practices
案例分析
在80年代，有一出口商同国外买方达成一交易，合同约定的价格条件为CIF，当时正值海湾地区爆发战争，装有出口货物的轮船在公海上航行时，被一发导弹误中而沉。由于在投保时没有加保战争险，不能取得保险公司的赔偿。问：买方为此向卖方提出索赔是否合理？
Import & Export Practices

78. 实际交货(Physical Delivery)
NOTES:
1.The expenses and risks are separated
2.CIF term is document transaction (Symbolic delivery)
The seller fulfills his duty of delivering goods against the documents
The buyer shall pay the price against the documents
实际交货(Physical Delivery)
Import & Export Practices

79. Import & Export Practices
按FOB\CFR\CIF这三种贸易术语达成的交易可以认为是一种典型的“单据买卖”和“象征性交货”（symbolic delivery）。
卖方保证按时装货，不保证按时到货
Import & Export Practices

80. Import & Export Practices
案例分析
某出口公司按CIF伦敦向英商出售一批核桃仁，由于该商品季节性较强，双方在合同中规定，买方须于9月底前将信用证开到，卖方保证货运船只不迟于12月2日驶抵目的港。如货轮迟于12月2日抵达目的港，买方有权取消合同，如货款已收，卖方必须将货款退还买方。试分析合同中有关条款存在的问题。
Import & Export Practices

81. Import & Export Practices
Review：
FOB
CFR
CIF
Import & Export Practices

82. The seller The buyer Contract for the carriage of the goods 租船订舱
Deliver the goods on board the vessel交货
Obtain export license
获得出口许可证
Obtain import license
FOB
Cover cargo insurance 投保
Clearance for export出口清关
Provide documents for the buyer and ask for payment 交单议付
Pay the price and take delivery of the goods
Import & Export Practices

83. Contract for the carriage of the goods at his own expenses
The seller The buyer
Contract for the carriage of the goods at his own expenses
On usual term 通常条件
By the usual route 惯常航线
In the proper vessel 适合的船舶
CFR
Additional
Freight
额外运费
Usual freight
正常运费
Import & Export Practices

84. additional insurance premium
The seller The buyer
Contract for the carriage of the goods
CIF
Cover cargo insurance on behalf of the buyer
additional insurance premium
额外保险费
Minimum insurance
(F.P.A)
最低险别
Import & Export Practices

85. Import & Export Practices
Summary:
Suitable for sea or inland waterway transport.
The formation of the unit price
FOB: Cost
CFR: Cost and Freight
CIF: Cost, Insurance and Freight
Import & Export Practices

86. Import & Export Practices
FOB、CFR、CIF—不同
装上船后风险 手续 费用 订舱 保险 运费 保费
FOB
BUYER
CFR
SELLER
CIF
Import & Export Practices

87. Import & Export Practices
思考题: 贸易术语的选择案例
印度孟买一家电视机进口商与日本京都电器制造商洽谈买卖电视机交易。从京都（内陆城市）至孟买，有集装箱多式联运服务，京都当地货运商以订约承运人（contracting carrier)的身份可签发多式联运单据（MTD ）。货物在京都距制造商５公里的集装箱堆场（ CY）装入集装箱后，由货运商用卡车经公路运至横滨， 然后装上海轮运到孟买。 京都制造商不愿承担共公路和海洋运输的风险； 孟买进口商则不愿承担货物交运前的风险。试就以下问题分析：
问题：京都制造商应该采用何种贸易术语报价？
Import & Export Practices

88. TRADE TERMS IN INCOTERMS 2010
The following terms can be used for multimodal transport
EXW, FCA, CIP, CPT, DAT,DAP, DDP
Import & Export Practices

89. Import & Export Practices
EXW
EXW=EX Works… named place
This term means that seller fulfils his obligation to deliver when he has made the goods available at his premises (i.e. , work, factory, warehouse, etc) to the buyer.
Import & Export Practices

90. Import & Export Practices
EXW
In particular, he is not responsible for clearing the goods for export and/or loading the goods on the vehicle provided by the buyer or for clearing the goods for export, unless otherwise agreed.
Import & Export Practices

91. Import & Export Practices
EXW
The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired destination.
This term thus represents the minimum obligation for the seller
This term should not be used when the buyer cannot carry out directly or indirectly the export formalities.
Import & Export Practices

92. Import & Export Practices
FCA
FCA=Free Carrier,…named place
The term means that The seller delivers the goods, cleared for exports, to the carrier nominated by the buyer at the named place It should be noted that the chosen place of delivery has an impact on the obligations of loading the goods at that place.
If delivery occurs at the seller’s premises, the seller is responsible for loading. If delivery occurs at any other places, the seller is not responsible for unloading.
Import & Export Practices

93. Import & Export Practices
FCA
Carrier means any person who, in a contract of carriage, undertakes to perform (performing carrier) or to procure (contracting carrier) the performance of carriage by rail road, sea, air, inland waterway, or by a combination of such modes.
If the buyer nominates a person other than a carrier to receive the goods, the seller is deemed to have fulfilled his obligation to deliver the goods when they are delivered to that person.
Import & Export Practices

94. THE SELLER’S RESPONSIBILITIES
1. provide appropriate packing and marking
2. load the goods on the means of transport
3. Nominated by the buyer (delivery at seller’s premises) or place the goods at the disposal of The carrier nominated by the buyer, not unloaded In the seller’s means of transport (delivery at the Depot or elsewhere)
Import & Export Practices

95. THE SELLER’S RESPONSIBILITIES
4. carry out the export procedures and provide the Buyer with the document received for the delivery Of the goods.
Import & Export Practices

96. Import & Export Practices
CPT
CPT=Carriage Paid To…named place of destination
CPT means that seller delivers the goods to the carrier nominated by him, but he must in addition pay the freight for the carriage of the goods to the named destination.
Import & Export Practices

97. Import & Export Practices
CPT
If subsequent carriers are used for the carriage to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The risk of loss of or damage to the goods, as well as any additional costs due to the events occurring after the time the goods have been delivered to the carrier, are transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier.
Import & Export Practices

98. THE SELLER’S RESPONSIBILITIES
1. provide appropriate packing and marking
2. contract for the carriage and pay the freight to the place of destination.
3. deliver the goods to the carriers
Import & Export Practices

99. THE SELLER’S RESPONSIBILITIES
4. carry out the export procedures
5. provides the buyers with the transport document without delay.
Import & Export Practices

100. The seller contracts for
CIP
CIP=Carriage And Insurance Paid To …named place of destination
CIP means that the seller has the same obligation as under CPT but with the addition that the seller has to procure cargo insurance against the buyer’s risk of loss of or damage to the goods during the carriage.
The seller contracts for
insurance and pays
the insurance premium .
Import & Export Practices

101. Import & Export Practices
CIP
The buyer should note that under CIP the seller is only required to obtain insurance on a minimum coverage . Should the buyer wish to have the protection of greater cover, he would either need to agree as such expressly with the seller or to make his own extra insurance arrangements.
Import & Export Practices

102. THE SELLER’S RESPONSIBILITIES
1. provide appropriate packing and marking
2. contract for the carriage and pay the freight to the place of destination
3. deliver the goods to the carrier
4. carry out the export procedures
Import & Export Practices

103. THE SELLER’S RESPONSIBILITIES
5. contract and pay for agreed cargo insurance in favor of the buyer
6. provide the buyer with the transport document and cargo insurance document without delay
Import & Export Practices

104. Import & Export Practices
两组术语比较
风险、责任、费用划分的基本原则相同
都是“凭单交货”，
FOB、CFR、CIF
FCA、CPT、CIP
运输方式
海运和内河运输
海运和内河运输、陆运、空运、多式运输
交货和风险转移的地点
越过船舷
根据运输方式和不同约定而定
装卸费用负担
通过术语变形来明确费用负担
在运费中已明确
运输单据
已装船清洁提单
可转让提单、海运单、内河运单、铁路运单、公路运单、航空运单、多式运输单据
Import & Export Practices

105. Import & Export Practices
如何选择贸易术语？
出口多采用什么？
进口多采用什么？
FCA CPT CIP被广泛运用，原因：货交承运人风险即转移，减轻我方风险
提前取得单据，缩短交单结汇时间
Import & Export Practices

106. Import & Export Practices
DAF
The term frontier may be used for any frontier including that of the country of export. Therefore , it is of vital importance that frontier in question be defined precisely by always naming the point and place in the term.
DAF=Delivered At Frontier…named place
DAF means that the seller fulfils his obligation to deliver when the goods have been made available, cleared for export, at the named point and place at the frontier, but before the Customs border of the adjoining country.
Import & Export Practices

107. Import & Export Practices
DAF
The term is primarily intended to be used when goods are to be carried by rail or road , but it may be used for any mode of transport.
Import & Export Practices

108. Import & Export Practices
DAP
DAP=delivered at place ++named place of destination目的地交货
It means that the sellers fulfill his obligation to deliver the goods the buyer at the named place of destination with the seller bearing all the costs (other than those related to import clearance, where applicable) and risks involved in.
Import & Export Practices

109. Import & Export Practices
DAP
1. In DAP, delivery occurs at the buyer’s disposal, but ready for unloading from arriving vehicle at a named destination.
2. the arriving “vehicle” under DAP may well be a ship and the named place of destination may well be a port.
Import & Export Practices

110. Import & Export Practices
DAT
DAT=delivered at terminal ++named place of destination目的地或目的港的集散站交货
DAT means that the sellers fulfill his obligation just same as DAP, the seller will bear all the costs (other than those related to import clearance, where applicable) and risks involved in delivering the goods.
Import & Export Practices

111. Import & Export Practices
DAT
But under DAP term, delivery occurs at the buyer’s disposal unloaded from arriving vehicle at a named destination.
It is suit for multimodal transport
Import & Export Practices

112. Import & Export Practices
DDP
DDP=Delivered Duty Paid
…named place of destination
DDP means that the sellers fulfill his obligation to deliver when the goods have been made available at the named place in the country of importation.
Import & Export Practices

113. Import & Export Practices
DDP
the seller has to bear the risks and costs, including duties, taxes, and other charges of delivering the goods thereto, cleared for import.
this term represents the maximum obligation.
Import & Export Practices

114. considerations for choosing terms of delivery
1）Transport capacity
2) Customer’s location
3) Freight rate
4) Loading / Unloading facilities and local port custom
5) Risks in transit
Import & Export Practices

115. Thank You !