【正文】 goods until such time as they have passed the ship’s rail at the named port of shipment B5 Transfer of risks The buyer must bear all risks of losses of or damage to the goods *from the time they have passed the ship’s rail at the named port of shipment, and *from the agreed date or the expiry date of the agreed period for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him fail to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods. 4章 revision 18 A6 Division of costs The seller must, subject to the provisions of B6, pay * all costs relating to the goods until such time as they have passed the ship’s rail at the named port of shipment。 and *where applicable, all duties, taxes, and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country. 4章 revision 19 A7 Notice to the Buyer The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4. B7 Notice to the seller The buyer must give the seller sufficient notice the of vessel name, loading point, and required delivery time. 4章 revision 20 A8 Proof of delivery, transport document or equivalent electronic message The seller must provide the buyer at the seller’s expense with the usual proof of delivery in accordance with A4. Unless the document referred to in the proceeding paragraph is the transport document, the seller must render the buyer, at the latter’s request, risk, and expense, every assistance in obtaining a transport document for the contract of carriage (for example, a negotiable bill of lading, a nonnegotiable sea waybill, an inland waterway document, or a multimodal transport document). Where the seller and the buyer have agreed to municate electronically, the document referred to in the proceeding paragraph may be replaced by an equivalent electronic data interchange (EDI) message. B8 Proof of delivery, transport document or equivalent electronic message The buyer must accept the proof of delivery in accordance with A8. 4章 revision 21 A9 Checking packaging marking The 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 expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of goods, to the extent that the circumstances relating to the transport (for example, modalities,destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately. B9 Inspection of goods The buyer must pay the costs of preshipment inspection except when such inspection is mandated by the authorities of the country of export. 4章 revision 22 A10 Other obligations The seller must render the buyer 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 shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, 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 reimburse those incurred by the seller in rendering his assistance in accordance therewith. 4章 revision 23 FOB責(zé)任、費(fèi)用、風(fēng)險劃分 ? 賣方 ? 責(zé)任 ： 1. 將貨物送交到裝運(yùn)港買方指定的船只上 2. 辦理出口報關(guān)手續(xù) ? 費(fèi)用 – 承擔(dān)貨物越過船舷之前的費(fèi)用 ? 風(fēng)險 – 承擔(dān)貨物越過船舷之前的風(fēng)險 ? 買方 ? 責(zé)任： 1. 租船訂艙，將船期、船名通知賣方 2. 辦理進(jìn)口報關(guān)手續(xù) ? 費(fèi)用 – 承擔(dān)貨物越過船舷之后的費(fèi)用，特別是裝運(yùn)港～目的港的運(yùn)費(fèi) ? 風(fēng)險 – 承擔(dān)貨物越過船舷之后的風(fēng)險 4章 revision 24 使用 FOB的注意事項 1. 船貨銜接 買方應(yīng)盡早將船期、船名通知賣方，以便賣方順利交貨 2. FOB的變形 （租船運(yùn)輸時，裝船費(fèi)用的劃分） ? FOB liner terms FOB 班輪條件 買方承擔(dān)裝船費(fèi)用 ? FOB under tackle FOB吊鉤下交貨 買方承擔(dān)裝船費(fèi)用 ? FOB stowed FOB理艙 賣方承擔(dān)裝船費(fèi)用 ? FOB trimmed FOB平艙 賣方承擔(dān)裝船費(fèi)用 3. FOB的界線： INCOTERMS以船舷為界，實際使用時界線前后移動 , ―已裝船清潔”提單將風(fēng)險界線從船舷移到船上 4. INCOTERMS與美國 《 外貿(mào)定義 》 對 FOB的不同解釋 4章 revision 25 《 1941年美國對外貿(mào)易定義修訂本 》 的 FOB分為 6種 ) FOB (named inland carrier at named inland point of departure) 在指定內(nèi)陸發(fā)貨地點(diǎn)的指定內(nèi)陸運(yùn)輸工具上交貨 ) FOB (named inland carrier at named inland point of departure) freight prepaid