国际贸易术语解释通则英文.docx

1、国际贸易术语解释通则英文Incoterms 2010RULES 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 dom

2、estic 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 sellers premises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the g

3、oods 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

4、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 practic

5、e the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyers 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 b

6、uyer 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 the

7、y 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 THE SELLER OBLIGATIONSA1 General obligati

8、ons 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 th

9、e parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must provide the buyer, at the buyers request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the good

10、s.Where applicable, the seller must provide, at the buyers 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 mak

11、e 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 buyers request, risk and expense (if any), with information that the buyer needs for obtaining insurance.A4 DeliveryThe selle

12、r 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

13、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 ma

14、y 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 authoriza

15、tion 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 insuran

16、ce.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 descri

17、bed 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 delive

18、ry 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 ri

19、sks 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 delivere

20、d 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,

21、 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

22、 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 t

23、hose 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 s

24、old 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 co

25、stsThe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyers 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

26、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, adv

27、ise 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

28、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 b

29、uyer at the sellers 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 sellers premises, they should identify th

30、e 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

31、 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 con

32、formity 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 h