國(guó)際貿(mào)易術(shù)語詳解英文版(編輯修改稿)
2025-03-03 22:38 本頁面
【文章內(nèi)容簡(jiǎn)介】 tegory of shipment contracts.38 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.39 It is of the very essence of the Cterms that the seller is relieved of any further risk and cost after he has duly fulfilled his contract by contracting for carriage and handing over the goods to the carrier and by providing for insurance under the CIF and CIPterms。40 The essential nature of the “C”terms as shipment contracts is also illustrated by the mon use of documentary credits as the preferred mode of payment used in such terms. Where it is agreed by the parties to the sale contract that the seller will be paid by presenting the agreed shipping documents to a bank under a documentary credit,41 Of course, the seller would have to bear the cost of the contract of carriage irrespective of whether freight is prepaid upon shipment or is payable at destination (freight collect)。42 however, additional costs which may result from events occurring subsequent to shipment and dispatch are necessarily for the account of the buyer.43 It happens quite often that the parties to the contract of sale wish to clarify the extent to which the seller should procure a contract of carriage including the costs of discharge. Since44 such costs are normally covered by the freight when the goods are carried by regular shipping lines, the contract of sale will frequently stipulate that the goods are to be so carried or at least that they are to be carried under liner terms. 45 In other cases, the word landed is added after CFR or CIF. However, it is advisable not to use abbreviations added to the Cterms unless, in the relevant trade, the meaning of the abbreviations is clearly understood and accepted by the contracting parties or under any applicable law or custom of the trade.46 In particular, the seller should not – and indeed could not, without changing the very nature of the Cterms undertake any obligation with respect to the arrival of the goods at destination, 47 since the risk of any delay during the carriage is borne by the buyer. Thus, any obligation with respect to time must necessarily refer to the place of shipment or dispatch, 48 For example, shipment (dispatch) not later than.... An agreement for example, CFR Hamburg not later than... is really a misnomer and thus open to different possible interpretations. 49 The parties could be taken to have meant either that the goods must actually arrive at Hamburg at the specified date, in which case the contract is not a shipment contract but an arrival contract or, alternatively, that the seller must ship the goods at such a time that they would normally arrive at Hamburg before the specified date unless the carriage would have been delayed because of unforeseen events50 In practice, the parties frequently continue to use the traditional expression CF (or C and F,C+F). Nevertheless, in most cases it would appear that they regard these expressions as equivalent to CFR. 51 Although the Incoterms seek to ensure that the seller provides the buyer withproof of delivery, it should be stressed that the seller fulfils that requirement when he provides the usual proof. 52 Under CPT and CIP it would be the usual transport documentand under CFR and CIF a bill of lading or a sea waybill. 53 The transport documents must beclean, meaning that they must not contain clauses or notations
化學(xué)相關(guān)推薦
鄂ICP備17016276號(hào)-1