【正文】
s minimum obligation under EXW so that it could be used for cases where the seller does not wish to assume any obligation whatsoever with respect to the loading of the goods. If the buyer wants the seller to do more, this should be made clear in the contract of sale. . The F terms require the seller to deliver the goods for carriage as instructed by the buyer. The point at which the parties intend delivery to occur in the FCA term has caused difficulty because of the wide variety of circumstances which may surround contracts covered by this term. Thus, the goods may be loaded on a collecting vehicle sent by the buyer to pick them up at the seller39。 continuing with the C terms where the seller has to contract for carriage, but without assuming the risk of loss of or damage to the goods or additional costs due to events occurring after shipment and dispatch (CFR, CIF, CPT and CIP)。s obligation to place the goods at the disposal of the buyer or hand them over for carriage or deliver them at destination and with the distribution of risk between the parties in these cases. Further, they deal with the obligations to clear the goods for export and import, the packing of the goods, the buyer39。S DELIVERY OBLIGATIONS Incoterms focus on the seller39。s works or other inland points thereby neglecting what the abbreviation means: Free On Board. It remains the case that such use of FOB tends to create confusion and should be avoided. There is an important change of FAS relating to the obligation to clear the goods for export, since it appears to be the most mon practice to put this duty on the seller rather than on the buyer. In order to ensure that this change is duly noted it has been marked with capital letters in the preamble of FAS. . The C terms require the seller to contract for carriage on usual terms at his own expense. Therefore, a point up to which he would have to pay transport costs must necessarily be indicated after the respective C term. Under the CIF and CIP terms the seller also has to take out insurance and bear the insurance cost. Since the point for the division of costs is fixed at a point in the country of destination, the C terms are frequently mistakenly believed to be arrival contracts, in which the seller would bear all risks and costs until the goods have actually arrived at the agreed point. However, it must be stressed that the C terms are of the same nature as the F terms in that the seller fulfils the contract in the country of shipment or dispatch. Thus, the contracts of sale under the C terms, like the contracts under the F terms, fall within the category of shipment contracts. It is in the nature of shipment contracts that, while the seller is bound to pay the normal transport cost for the carriage of the goods by a usual route and in a customary manner to the agreed place, the risk of loss of or damage to the goods, as well as additional costs resulting from events occurring after the goods having been appropriately delivered for carriage, fall upon the buyer. Hence, the C terms are distinguishable from all other terms in that they contain two critical points, one indicating the point to which the seller is bound to arrange and bear the costs of a contract of carriage and another one for the allocation of risk. For this reason, the greatest caution must be observed when adding obligations of the seller to the C terms which seek to extend the seller39。s rail in FOB, the word ship has had to be used in that connection. It appears that in many countries trade terms not included in Incoterms are used particularly in railway traffic (franco border, franco frontiere, Frei Granze). However, under such terms it is normally not intended that the seller should assume the risk of loss of or damage to goods during the transport up to the border. It would be preferable in these circumstances to use CPT indicating the border. If, on the other hand, the parties intend that the seller should bear the risk during the transport DAF indicating the border would be appropriate. The DDU term was added in the 1990 version of Incoterms. The term fulfils an important function whenever the seller is prepared to deliver the goods in the country of destination without clearing the goods for import and paying the duty. In countries where import clearance may be difficult and time consuming, it may be risky for the seller to undertake an obligation to deliver the goods beyond the customs clearance point. Although, according to DDU B5 and B6, the buyer would have to bear the additional risks and costs which might follow from his failure to fulfil his obligations to clear the goods for import, the seller is advised not to use the DDU term in countries where difficulties might be expected in clearing the goods for import. Checking and inspection In the A9 and B9 clauses of Incoterms the headings checking packaging and marking and inspection of the goods respectively have been used. Although the words checking and inspection are synonyms, it has been deemed appropriate to use the former word with respect to the seller39。s Commission on International Commercial Practice, whose membership is drawn from all parts of the world and all trade sectors, ensures that Incoterms 2020 respond to business needs everywhere. ICC would like to express its gratitude to the members of the mission, chaired by Prof. Fabio Bortolotti (Italy), its Working Party on Trade Terms, chaired by Prof. Jan Ramberg (Sweden), and to the drafting group, which prised Prof. Charles Debattista (Chairman UK), Robert De Roy (Belgium), Philippe Rapatout (France), Jens Bredow (Germany) and Frank Reynolds (US). INTRODUCTION 1. PURPOSE AND SCOPE OF INCOTERMS The