1、 means any person who, in a contract of carriage, undertakes to perform or to procure the performance of transport by rail, road, air, sea, 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 fulfil
2、led his obligation to deliver the goods when they me delivered to that person.THE SELLERS OBLIGATIONSTHE BUYERA1 Provision of goods in conformity with the contractThe seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sa
3、le and any other evidence of conformity which may be required by the contract.B1 Payment of priceThe buyer must pay the price as provided m the contract of sale.A2 Licenses, authorisations and formalitiesThe seller must obtain at his own risk and expense any export license or other official authoriz
4、ation and carry out, where applicable1, all customs formalities necessary for the export of the goods.B2 Licenses, authorizations and formalitiesThe buyer must obtain at his own risk and expense any import license or other official authorization and carry out, where applicable2, all customs formalit
5、ies for the import of the goods and for their transit through any country.A3 Contracts of carriage and insurancea) Contract of carriageNo obligation3. 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
6、 may contract for carriage on usual terms at the buyers risk and expense. In either case, the seller may decline to make the con tract and, if he does, shall Promptly notify the buyer accordingly.b) Contract of insuranceNo obligation4B3 Contracts of carriage and insuranceThe buyer must contract at h
7、is own expense for the carriage of the goods from the named place, except when the contract of carriage, is made by the seller as provided for in A3 a).No obligation5.A4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer, or chosen by the seller in acco
8、rdance with A3 a), at the named place on the date or within the period agreed for delivery.Delivery is completed,a) If the named place is the sellers premises, when the goods have been loaded on the means of transport provided by the carrier nominated by the buyer or another person acting on his beh
9、alf.b) If the named place is anywhere other than a), when the goods are placed at the disposal of the carrier or another person nominated by the buyer, or chosen by the seller in accordance with A3 a) on the sellers means of transport not unloaded.If no specific point has been agreed within the name
10、d place, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose.Failing precise instructions from the buyer, the seller may deliver the goods for carnage m such a manner as the transport mode and/or the quantity and/or nature
11、of the goods may require.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A4.A5 Transfer of risksThe seller must, subject to the provisions of B5, bear all risks of loss or damage to the goods until such time as they have been delivered in
12、accordance with A4.B5 Transfer of risksThe buyer must bear all risks of loss of or damage to the goodsfrom the time they have been delivered in accordance with A4; and from die agreed date or the expiry date of any agreed period for delivery which arise either because he fails to nominate the carrie
13、r or another person in accordance with A4, or because the carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because the buyer fails to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated
14、 to the contract, that is to say, clearly set aside or otherwise identified as the contract goods. A6 Division of costsThe seller must, subject to tile provisions of B6, payall costs relating to the goods until such time as they have been delivered in accordance with A4;where applicable6, the costs
15、of customs formalities as well as all duties, taxes, and other charges payable upon export. B6 Division of costsThe buyer must payall costs relating to the goods from the time they have been delivered in accordance with A4;and any additional costs incurred, either because he fails to nominate the ca
16、rrier or another person in accordance with A4 or because the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because he has failed to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contra
17、ct, that is to say, clearly set aside or otherwise identified as the contract goods;where applicable7, all duties, taxes and other charges well as die costs of carrying out customs formalities payable upon import of die goods and for their transit through any country.A7 Notice to the buyerThe seller
18、 must the buyer sufficient notice that the goods have been delivered in accordance with A4, Should the carrier fail to take delivery in accordance with A4 at the time agreed, the seller must notify the buyer accordingly.B7 Notice to the sellerThe buyer must give the seller sufficient notice of the n
19、ame of the party designated in A4 mid, where necessary. specify the. mode of transport, as well as the date or period for delivering the goods to him and, as the case may be, the point within the place where the goods should be. delivered to that party.A8 Proof of delivery, transport document or equ
20、ivalent electronic messageThe seller must provide the buyer at the sellers expense.with the usual proof of delivery, of the goods in accordance with A4.Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer at the latters request, risk
21、and expense, every assistance in obtaining a transport document for the contract of carriage (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document).W
22、hen the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may he replaced by an equivalent electronic data interchange (ED1) message.B8 Proof of delivery, transport document or equivalent electronic message The buyer must accept the p
23、roof of delivery in accordance with A8.A9 Checking -packing-markingThe seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.The seller must provide at his own
24、 expense packaging (unless it is usual for the particular trade to send the goods of the contract description unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (for example modalities, destination) are made known to the seller
25、before the contract of sale is concluded. Packaging is to he marked appropriately.B9 Inspection of goodsThe buyer must pay the costs of any pre shipment inspection except when such inspection is mandated by the authorities of the country of export.A10 Other obligationsThe seller must render the buye
26、r at the latter s request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of delivery and/or of origin which the buyer may require for the import of the goods and, where necessary
27、, for their transit through any country.The seller must provide the buyer, Upon request, with the necessary information for procuring insurance.B10 other obligations The buyer must, pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and r
28、eimburse those incurred by the seller in rendering his assistance in accordance therewith and in contracting for carriage in accordance with A3 a) .The buyer must give the seller appropriate instructions whenever the sellers assistance in contracting for carriage is required in accordance with A3 a)
29、.FOB FREE ON BOARD(. named place) Free on Board means that the seller delivers when the goods pass the ships rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. The FOB term requires the seller to clear the goods for export. This term can be used only for sea or inland waterway transport. If the parties do not intend to deliver the goods across the ships rail, the FCA term should be used. The s
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