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2025-05-18 01:05本頁(yè)面
  

【正文】 he carriage to the agreed destination, the risk passes when the goods have been delivered to the first carrier.The CIP term requires the seller to clear the goods for export and the buye to clear the goods for import..This term may be used irrespective of the mode of transport including multimodal transport.(四)“D” TermsThe D terms are different in nature from the C terms, since the seller according to the D terms is responsible for the arrival of the goods at the agreed place or point of destination at the border or within the country of import. The seller must bear all risks and costs in bringing the goods thereto. Hence, the D terms signify arrival contracts, while the C terms evidence departure (shipment) contracts.1.DAF: DELIVERED AT FRONTIER (... named place)Delivered at Frontier means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country.The term frontier may be used for any frontier including that of the country of export. Therefore, it is of vital importance that the frontier in question be defined precisely by always naming the point and place in the term.If the parties wish the seller to be responsible for the unloading of the goods form the arriving means of transport and to bear the risks and costs of unloading, this should be made clear by adding explicit wording to this effect in the contract of sales.This term may be used irrespective of the mode of transport when goods are to be delivered at a land frontier. When delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be used.2.DES: DELIVERED EX SHIP (... named port of destination)Delivered Ex Ship means that the seller delivers when the goods are placed at the disposal of the buyer on board the ship not cleared for import at named port of destination. The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination before discharging. If the parties wish the seller to bear the costs and risks of discharging the goods, then the DEQ term should be used.This terms can be used only when the goods are to be delivered by sea or inland waterway or multimodal transport on a vessel in the port of destination.3.DEQ: DELIVERED EX QUAY (... named port of destination)“Delivered Ex Quay means that the seller delivers when the goods are placed at the disposal of the buyer not cleared for import on the quay at the named port of destination. The seller has to bear costs and risks involved in bringing the goods to the named port of destination and discharging the goods on the quay. The DEQ term requires the buyer to clear the goods for and to pay for all formalities, duties, taxes and other charges upon import. This is a reversal from previous incoterms versions which required the seller to arrange for import clearance.If the parties wish to include in the seller39。s risk of loss of or damage to the goods during the carriage. Consequently, the seller contracts for insurance and pays the insurance premium. The buyer should note that under the CIF term the seller is required to obligation insurance only on minimum cover. Should the buyer wish to have the protection of greater cover, he would either need to agree as such expressly with the seller or to make his own extra insurance arrangements.The CIF term requires the seller to clear the goods for export and the buyer to clear the goods for import.This term can be used only for sea and inland waterway transport. If the parties intend to deliver the goods across the ship39。s rail, the CPT term should be used.2. CIF: COST, INSURANCE AND FREIGHT(... named port of destination)“Cost, Insurance and Freight means that the seller delivers when the goods pass the ship39。s responsibility beyond the aforementioned critical point for the allocation of risk. It is of the very essence of the C terms that the seller is relieved of any further risk and cost after he has duly fulfilled his contract by contracting for carriage arid handing over the goods to the carrier and by providing for insurance under the CIF and CIP terms.There are four terms in this group1.CFR: COST AND FREIGHT( ... named port of destination)“Cost and Freight” means that the seller delivers when the goods pass the ship39。s 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 ship39。s premises. However, if the parties wish the seller to be responsible for the loading of the goods on departure and to bear the risks and all the costs of such loading, this should be made clear by adding explicit wording to this effect in the contract of sale. This term should not be used when the buyer cannot carry out the export formalities directly or indirectly. In such circumstances, the FCA term should be used, provided the seller agrees that he will load at his cost and risk.This term applies to any mode or transportation.(二)“F”TERMS The F terms require the seller to deliver the goods, cleared for export, for carriage as instructed by the buyer. There are three terms in this group.1.FCA: FREE CARRIER (... named place)Free Carrier means that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. It should be noted that the chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller39。在國(guó)際貿(mào)易合同中使用通則能夠清晰界定當(dāng)事人各自的義務(wù),降低不同法律制度的風(fēng)險(xiǎn)(一)“E” TERMThere is only one
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