FOB中英文对照Word文档下载推荐.docx

1、在这种情况下，而应使用FCA术语。FOB 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.FOB情况下卖方应负责出口清关。然而，卖方没有负责进口报关，支付进口税费，办理任何进口海关手续义务。A THE SELLERS OBLIGATIONSA

2、卖方义务A1 General provision of the sellerA1 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 bythe contract.卖方必须提供符合销售合同规定货物和商业发票以及按照合同约定必需有同等作用其他任何凭证。Any document referred to in A1-A10 m

3、ay be an equivalent electronic record or procedure if agreed between the parties or cusotmary.以及经当事人同意或根据交易习惯在A1-A10中提到任何有同等作用电子记录或程序凭证。A2 Licences, authorisations, security clearance and other formalitiesA2 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

4、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，办理货物出口所需一切海关手续。A3 Contracts of carriage and insuranceA3 运输合同和保险合同a）Contract of carriagea）运输合同The seller has no obligation to the buyer to

5、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 buyers risk and expense. In either case, the seller may decline to make t

6、he contract of carriage and, if it does, shall promptly 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 insuranceb） 保险合同The seller has no obligation to the buyer to make a contract of insurance. However, th

7、e seller must provide the buyer, at the buyers request, risk, and expense （if any）, with information that the buyer 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相关信息。A4 DeliveryA4 交货The seller must deliver the goods either by placing them on board the vessel nominate

8、d by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered. In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.卖方必须将在买方指定装运港，在买方指定装运地点，在

9、约定日期或期限内，按照该港习惯方式将货物交至买方指定船上或取得已交运货物。If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.若买方没有指定具体交货点，那么卖方可选择指定装运港内最适合其目交货点。A5 Transfer of risks风险转移The seller bears all risks of loss of or damage

10、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.除B5规定者外，卖方必须承担货物灭失或损坏一切风险，直至已按照A4规定交货为止。A6 Allocation of costsA6 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 i

11、n accordance with A4, other than those payable by the buyer as envisaged in B6; and除按照B6规定应由买方支付费用外，卖方必须支付与货物有关一切费用，直至已按照A4规定交货为止；b）where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export.在需要办理海关手续时，货物出口应办理海关手续费用及出口应

12、交纳一切关税、税款和其他费用。A7 Notices to the buyerA7 通知买方The seller must, at the buyers risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.在货物已按照A4规定交付或在约定时间内船舶未能接收货物时，卖方必须给予买方充

13、分通知，由买方承担风险和费用。A8 Delivery documentA8 交货凭证The seller must provide the buyer, at the sellers expense, with the usual proof that the goods have been delivered in accordance with A4.卖方必须自担费用向买方提供证明已按照A4规定交货通常单据。Unless such proof is a transport document, the seller must provide assistance to the buyer,

14、at the buyers request, risk and expense, in obtaining a transport document.如果这些凭证不是运输单据，应买方要求并由其承担风险和费用，卖方必须给予买方协助以取得运输单据。A9 Checking packingmarking查对、包装、标记The seller must pay the costs of those checking operations （such as checking quality, measuring, weighing, counting） that are necessary for the

15、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.卖方必须支付按照A4规定为了将货物交给买方处置所需进行查对费用（如查对货物品质、丈量、过磅、点数费用）以及出口国有关当局在装运前强制检验费用。The seller must, at its own expense, package the goods, unless it is us

16、ual 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

17、 appropriately.卖方必须自付费用包装货物，除非按照相关行业惯例，所售类型货物通常无需包装发运。卖方应该按照有关货物运输所要求方式包装货物，除非买方在订立合同前已经通知卖方特殊包装要求。包装应作适当标记。A10 Assistance with information and related costsA10 信息协助及相关费用The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyers r

18、equest, 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.应买方要求并由其承担风险和费用，在需要办理清关手续时，卖方必须给予买方一切及时协助，以帮助其取得包括买方为进口货物和/或为使货物运输到最终目地所需有关货物安全信息在内任何凭证和信息。The seller

19、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.卖方必须偿付买方按照B10规定在卖方获得相关凭证和信息时给予协助所发生费用。B THE BUYERB 买方义务B1 General provision of the buyerB1 买方基本义务The buyer must pay the price of th

20、e goods as provided in the contract of sale.买方必须按照销售合同规定支付价款。Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or cusotmary.以及经当事人同意或根据交易习惯在B1-B10中提到任何有同等作用电子记录或程序凭证。B2 Licences, authorisations, security clearance and other formaliti

21、es.B2 许可，授权，安全许可和其他正式手续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.在需要办理清关手续时，由买方自担风险和费用获得任何进口许可或其他官方授权

22、，并负责办理货物进口和从他国过境一切海关手续。B3 Contracts of carriage and insuranceB3 运输合同和保险合同The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a）.买方必须自付费用订立自指定装运港运输货物合同，卖方按照A3 a）订立了

23、运输合同时除外。The buyer has no obligation to the seller to make a contract of insurance.买方没有义务为卖方订立保险合同。B4 Taking deliveryB4 受领货物The buyer must take delivery of the goods when they have been delivered as envisaged in A4.买方必须在卖方按照A4规定交货时，受领货物。B5 Transfer of risksThe buyer bears all risks of loss of or dama

24、ge to the goods from the time they have been delivered as envisaged in A4. If买方必须承担自按照A4规定交货之时起货物灭失或损坏一切风险；如果：a）the buyer fails to notify the nomination of a vessel in accordance with B7; or买方未按照B7规定就指定船只给予卖方相应通知；或者b）the vessel nominated by the buyer fails to arrive on time to enable the seller to c

25、omply with A4, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7; then, the buyer bears all risks of loss of or damage to the goods:买方指定船只未能按时到达致使卖方未能按照A4规定交货，或未能接收货物或较按照B7通知时间提早停止运输货物，买方承担货物灭失或损坏一切风险。（i）from the agreed date, or in the absence of a

26、n agreed date,当自约定交货日期或并未约定日期；（ii）from the date notified by the seller under A7 within the agreed period, or, if no such date has been notified,自买方按照A7规定指定约定期限内日期起或买方并未指定该日期；（iii）from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contr

27、act goods.或自交货期限届满之日起（但以该项货物已正式划归合同项下为限）。B6 Allocation of costsB6 费用划分The buyer must pay买方必须支付a）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

28、 other charges payable upon export as referred to in A6 b）;自按照A4规定交货之时起与货物有关一切费用，以及在需要办理海关手续时，货物出口所需办理海关手续费用和按照A6 b）规定在货物出口时应交纳一切关税、税款和其他费用b）any additional costs incurred, either because:其他追加成本。可能是由于：（i）the buyer has failed to give appropriate notice in accordance with B7, or在买方未能按照B7规定给予卖方适当通知，或（ii）he vessel nominated by the buyer fails to arrive on time, is una