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CHAPTER 11 INTERNATIONAL TRADE TERMS
（国际贸易术语）
INCOTERMS 2010 （2010年国际贸易术语解释通则）
FOB, CFR and CIF
FCA, CPT and CIP
Other Trade Terms
（EXW, FAS, DAP, DAT and DDP）
Shipment contract and Choice of Trade Terms
§1 INCOTERMS 2010
《2010年国际贸易术语解释通则》
Role of trade terms
A trade term is a combination of letters or words, which specifies certain obligations within international contract, for example, FOB or Free On Board.
A trade term embraces three basic elements:
Transfer of risks.
Transfer of obligations.
Division of costs.
INCOTERMS 2010?
The International Chamber of Commerce first published in 1936 a set of international rules for the interpretation of trade terms, known as "INCOTERMS 1936".
Amendments and additions in 1953, 1967, 1976, 1980, 1990, 2000 and presently in 2010.
INCOTERMS 2010 came into force on Jan. 1, 2010.
Other standard rules on trade terms
Warsaw-Oxford Rules 1932 (W.O. Rules, 1932)
Rules for CIF contracts drafted at a conference of the
International Law Association in Warsaw and adopted in Oxford on 12 August 1932.
The Revised American Foreign Trade Definitions
《美国对外贸易定义修正本》
Emerged in USA in 1919 and were revised in 1941 and in
1990 respectively.
Scope of INCOTERMS
DEAL WITH
Seller's obligation: place the goods at the disposal （处置）of the buyer;
Distribution of risk between the parties;
Obligations to clear the goods for export and import;
Obligation to provide proof that the respective obligations have been duly fulfilled
Buyer's obligation to take delivery.
Scope of INCOTERMS
NOT DEAL WITH
Transfer of ownership and other property rights;
Breaches of contract and the consequences following from such breaches;
Exemptions from liability in certain situations.
Status of INCOTERMS
No status at law unless there is specific legislation providing for them, or unless they are confirmed by court decisions.
Parties who adopt the INCOTERMS should make sure they express their acceptance clearly. For example, FOB Liverpool INCOTERMS 2000. Legally binding upon all parties.
Parties should be wary (谨慎的) about making additions or varying （改变） the meaning of any particular term.
Features of INCOTERMS 2010
DAT and DAP replaces DAF, DES, DEQ and
DDU.
Classification of the 11 terms
Class I: for any mode or modes of transport.
EXW, FCA, CPT, CIP , DAT, DAP and DDP
Class II: for sea or inland waterway transport.
FAS, FOB, CFR and CIF
Terms for domestic and international trade
§2 FOB, CFR and CIF?
FOB — Free on Board (named port of shipment)
The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.
FOB Singapore: buyer names the ship that will accept delivery in Singapore, seller clears the goods for export.
Maritime trade term, for ocean or inland waterway transport.
FOB Variants
In charterparties (租船合同)， clarify the division of loading cost.
FOB Liner Terms （班轮条件）. The buyer bears the loading cost.
FOB Under Tackle（吊钩下交货）. The buyer bears the loading cost.
FOB Stowed (理舱). The seller bears the loading cost including stowing cost.?
FOB Trimmed （平舱）. The seller bears the loading cost including trimming cost.
FOB Stowed and Trimmed. The seller bears the loading cost including both stowing and trimming cost.
FOB in the Revised American Foreign Trade Definitions 1990
?
Six FOBs, only FOB vessel (named port of shipment) similar to the FOB in INCOTERMS 2000.
FOB vessel: buyer pays export taxes, other fees or charges levied because of exportation, obtains documents for the purposes of exportation and be responsible for any loss or damage, or both after goods have been loaded on board the vessel.
If the buyer not prepared to carry out export clearance, “The seller must obtain at his own risk and expense any export license or other official authorization and carry out customs formalities necessary for the export of the goods” be stipulated.
CFR — Cost and Freight (named port of destination)?
The seller payS the cost and freight necessary to bring the goods to the named port of destination.
CFR V.S. FOB: Seller responsible for arranging the ship.
Formerly C&F.
Port of destination (discharge) be indicated after the acronym CFR, for example, CFR Karachi.
For ocean or inland waterway transport only.
Shipping advice under CFR
Under CFR, this is particularly important.
As under CFR, the buyer must take risks for a period of carriage during which the buyer has no means of controlling or limiting those risks. The carrier used, the costs incurred for carriage and the timing of the carriage are all under the seller's control.
The shipping advice sent plays an important role, which is to inform the buyer to take out (办理) insurance promptly.
Othterwise, seller will have to bear the risks of loss of or damage to the goods incurred in transit.
CFR Variants
To specify the division of unloading cost.
CFR Liner Terms. Seller bears
CFR Ex Ship's Hold. Buyer bears.
CFR Landed. Seller bears.?
CFR Ex Tackle. Buyer bears.
Clarify whether the variants only mean the unloading cost or both the cost and risks.
CIF—Cost, Insurance and Freight (named port of destination)
CIF: CFR with the inclusion of insurance.
Cautions and notes with CFR equally apply to CIF.
Seller pays the cost and freight.
CIF V.S. CFR: Seller effects insurance and pays the corresponding premium (Insurance covers minimum conditions).
Most important and commonly used term.
§3 FCA, CPT and CIP
FCA — Free Carrier (named place)
Seller delivers the goods, cleared for export, to the carrier
nominated by the buyer at the named place.
Carrier: actual or contractual carrier, e.g. a freight forwarder
or multi-transport operator, an airline or shipping line.
Delivery at the seller's premises, the seller responsible for
loading.
Delivery at any other place, the seller not responsible for
unloading.
CPT—Carriage paid to (named place of destination)
Seller delivers the goods to the carrier nominated by him and pay the cost of carriage.
Place of destination (discharge) is indicated after the acronym CPT, for example, CPT Los Angeles.
Responsibility for freight only transfers when the goods arrive at the stated place where carriage is “paid to" .
All modes of transport including multimodal transport.
CIP — Carriage and Insurance Paid to (named place
of destination)
CIP: CPT with the inclusion of insurance.
Cautions and notes with CPT equally apply to
CIP.
§4 Other Trade Terms?
EXW — Ex Works (named place)
Delivers when it places the goods at the disposal of the buyer at the seller's premises or another named place (i.e. works, factory, warehouse, etc.), not cleared for export and not loaded on any collecting vehicle.
Minimum obligation for the seller.
Named place (seller's premises) after the acronym EXW, for example EXW Kobe.
Used when the buyer cannot carry out the export formalities directly or indirectly.
FAS — Free Alongside Ship (named port of shipment)
Seller delivers when the goods are placed alongside the vessel at the named port of shipment.
Buyer bears all costs and risks of loss of or damage to the goods from that moment.
Seller clears the goods for export.
For sea or inland waterway transportation.
Port of origin (loading) after the acronym FAS, for example FAS New York and FAS Bremen.
DAT——Delivered At Terminal (... named terminal at port or
place of destination)
Delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination.
Terminal: any placesuch as a quay, warehouse, container yard or road, rail or air cargo terminal.
Seller clears the goods for export
No obligation to clear the goods for import
Any mode of transport or more than one mode of transport
DAP——Delivered At Place (... named place of destination)
At the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination.
Seller bears all risks involved in bringing the goods to the named place.
Specify clearly the point within the agreed place of destination.
Seller clears the goods for export.
No obligation to clear the goods for import.
DAP 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. If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.
DDP——Delivered Duty Paid (... named place of destination)
　 Seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination.
Seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.
Maximum obligation for the seller
DAP 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. If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.
§5 Shipment Contract and Choice of Trade Terms
Shipment contract
Delivery obligation is extended to the country of destination. Arrival Contracts. D-Terms.
Delivery obligation is by handing over the goods to the carrier for shipment. Shipment Contracts, C-Terms
Seller should not (could not), without changing the very nature of the C-terms, undertake any obligation with respect to the arrival of the goods at destination, since the risk of any delay during the carriage is borne by the buyer.
“shipment (dispatch) not later than...”. An agreement for example, “CFR Hamburg not later than...” : different possible interpretations.
Arrive at Hamburg at the specified date Then contract is an arrival contract.
Choice of trade terms
Various factors:
Ability of the parties to obtain the most favorable contract of carriage or insurance, the type of cargo, and the buyer’s intention to sell the goods in transit, etc.
Seller can procure marine insurance at a competitive price; government regulations require to use national shipping lines, USE CFR or CIF.
Buyer can procure insurance at a competitive rate, use FAS or FOB.
Exporters of manufactured goods often sell on extended terms using DAT and DDP to remain competitive.
Large buyers may prefer to arrange for transportation in order to ensure just-in-time deliveries.

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