教學(xué)課件·國(guó)際貿(mào)易實(shí)務(wù)雙語(yǔ)教程(第二版)

1、國(guó)際貿(mào)易實(shí)務(wù)雙語(yǔ)教程（第二版）國(guó)際貿(mào)易實(shí)務(wù)雙語(yǔ)教程（第二版）教學(xué)課件Definitions and functions of international trade terms 概念與作用DefinitionTrade terms, also called price terms or price conditions, are abbreviations of letters or words specifying specific certain liabilities, costs and risks between the seller and buyer.Functionsimpli

2、fy dealing procedures improving efficiencyInternational trade customs 國(guó)際貿(mào)易慣例Definition 概念universally recognized customary ways of doing business and explanation evolving in the long process of trade development and has been compiled by relative international organizations into rules and regulations

3、which are acquainted, recognized and adopted by many trading organizations in most countries.International trade customs 國(guó)際貿(mào)易慣例Nature 性質(zhì)not compulsory 不具有法律強(qiáng)制性both parties are subject to it 約束雙方binding force 約束力contract to be followed if conflict exist 合同優(yōu)先different clause could be made 契約至上契約自由 Int

4、ernational trade customs 國(guó)際貿(mào)易慣例Three main international rules 三個(gè)主要慣例“WARSAW-OXFORD RULES 1932” 1932年華沙牛津規(guī)則Revised American foreign trade definition 1941 1941年美國(guó)對(duì)外貿(mào)易定義修訂本INCOTERMS 2010 2010年國(guó)際貿(mào)易術(shù)語(yǔ)解釋通則Feature 特點(diǎn)most widely used international practicesmost influential international practicesmost import

5、ant international practicespublished by ICCall trade terms in this textbook are subject to itUpdate of INCOTERMS 通則的更新 INCOTERMS 1990 consists 13 trade rulesINCOTERMS 2000 groups the 13 rules into 4 categoriesINCOTERMS 2010 updates and consolidates the delivered rules， reducing the total number of r

6、ules from 13 to 11.INCOTERMS 2010 presents 11 rules in two distinct classes:Rules for any mode or modes of transportation適用于任何運(yùn)輸方式或多種運(yùn)輸方式的術(shù)語(yǔ)EXW、FCA、CPT、CIP、DAT、DAP and DDPRules for sea and inland waterway transportation適用于海運(yùn)及內(nèi)河水運(yùn)的術(shù)語(yǔ) FAS、FOB、CFR and CIFAmong the 11 trade terms, FOB, CFR and CIF are t

7、he most commonly used terms. Nowadays, they are used as trade terms for symbolic delivery.Symbolic delivery creates a new epoch of international trade.FOB, CFR and CIF are classified into one group as they are alike in characters .Similar characters 共同規(guī)律Used for port-to-port waterway transportationP

8、lace of delivery-on board a ship in the export countryRisks on seller until the goods are on board the vessel in the export countryDocuments is the core of selling and buying Risks transferred to buyer once the seller delivers the goods on board the vessel.Shipment contracts, the seller assure punct

9、ual shipment but and disregard arriving time. Definition The seller is responsible for shipping the contracted goods on board the ship dominated by the buyer at the port of shipment within specific period and bearing all costs and risks before the goods are on board the vessel.Obligations 買賣雙方義務(wù)The

10、Sellers Obligations The Buyers Obligations Some points for attention about FOBThe Sellers Obligations 賣方義務(wù)a. Ship the goods on board the ship at port of shipment within due time and notify the buyer promptlyb. All costs and risks before the goods are loaded on board the ship c. Clear export customs

11、and provide related documents and certificatesd. Provide related shipping documents or EDI electronic informationThe Buyers Obligations 買方義務(wù)a. Book space and pay the freight and notify the seller sailing date and name of sailing vesselb. Bear all costs and risks after the goods are loaded on board t

12、he shipc. Accept related documents provided by the seller and pay duly according to the contractSome points for attention about FOB 要注意的幾個(gè)問題The cancellation of the concept “cross the rail” “船舷為界”概念的取消Shipping charges 關(guān)于FOB的裝船費(fèi)用Definition 概念 The seller is responsible for booking space and delivering

13、the goods on board the vessel sailing for the destination in due time according to the contract and covering the risks and expenses during carriage. The risks of loss or damage to the goods passes when the goods are on board the vessel.Obligations 買賣雙方義務(wù)The Sellers Obligations The Buyers Obligations

14、 Some points for attention about FOBThe Sellers Obligations 賣方義務(wù)Book shipping space and sign shipment contracts from designated port of shipment to destination; load the goods on board the ship in contracted time and port and pay the freight; notify the buyer after shipment promptly. Bear all expens

15、es and risks before the goods are on board the vessel at port of shipment.The Sellers Obligations 賣方義務(wù)Cover the insurance and pay insurance premium as the contract stipulates. Clear export customs and bear all relating risks and expenses; get export license or other official permission documents. Pr

16、ovide relating shipping documents, commercial invoices or equivalent eclectic information or e-documents.The Buyers Obligations 買方義務(wù)All expenses and risks after the goods delivered on board at port of shipment. Accept related documents provided by the seller and take delivery the goods and pay for t

17、hem. Clear import customs at port of destination; bear all expenses and risks; get import license or other official permissions.Some points for attention about CIF 要注意的問題Insurance coverage保險(xiǎn)險(xiǎn)別問題Booking shipping space by the seller賣方租船訂艙問題Symbolic delivery象征性交貨問題DefinitionThe seller is responsible fo

18、r booking space and delivering the goods on board the vessel sailing for the destination in due time according to the contract and covering the risks and expenses during carriage(the risks are transferred when goods are delivered on board).Obligations 雙方義務(wù)Except that the insurance is covered by the

19、buyer, both parties obligations are just the same as that of CIF.Some points for attention 注意事項(xiàng)The seller shall dispatches shipping notice promptly to facilitate the buyers insurance covering and if the buyer fails to cover insurance and suffers losses as a result of the sellers late notice, the sel

20、ler is responsible.Contracts under CFR belong to shipment contracts.These three trade terms are used when the exporter delivers the goods to the carrier. Five common charactersFive common charactersSuitable for any means of transportPlace of shipment in exporting countryRisk is transferred at port o

21、f shipmentDeliver at shipping port in the exporting country.Contracts signed as per these three rules are all shipping contracts. Definition The seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place and the buyer concludes shipping contract on his ow

22、n expense and notify the seller promptly. Characteristics 特點(diǎn)Place of delivery: the exporting country or portRisk transfer: the buyer bears all risks and any costs occurring after the goods have been deliveredCarrier: any one actually fulfills the obligation of shipment or the shipping agentFCA and F

23、OBCommon points 相同點(diǎn)The buyer is responsible for shipment and covering insurance and the contracted price does not include shipping charges or insurance premiumPort of loading is the place of deliveryContracts under these two terms are shipment contracts but not sales contractFCA and FOBDifferences 不

24、同點(diǎn)ItemFOB FCATransport port-to-port marine shipmentall means of transport Places of delivery on board the ship at port of loadingfree carrier to a named placeRisks transfers when the goods are on board the vessel when the goods are delivered to the carrier Trade termsymbolic deliveryDefinitionThe se

25、ller delivers the goods to the carrier nominated by him and the seller must in addition pay the cost of carriage necessary to bring the goods to the named destination and notify the buyer promptly. Some points for attention 應(yīng)當(dāng)注意的問題Risk Transfer 風(fēng)險(xiǎn)劃分的界限Allocation of Obligation and Costs 責(zé)任和費(fèi)用劃分的問題Com

26、parison of CPT and CFR 異同點(diǎn)Common points相同點(diǎn)In both terms, the seller is obliged to arrange transport to the destination and bear related costs while the buyer covers insurance on himself.Same delivery termsShip at port of shipment.Contracts under both terms are shipment contractsCFR and CPTDifference

27、s 不同點(diǎn)ItemCFR CPTTransport port-to-port marine shipmentall means of transport Places of delivery on board the ship in port of shipment in the exporting country to the carrierRisks transfers when the goods are on board the vessel in port of shipment in the exporting countrywhen the goods are delivered

28、 to the carrier in the exporting countryDefinitionThe seller contracts for insurance and pay the insurance premium for the carriage of the goods in addition to whatever should be covered and the transfer of risk happens when the seller delivers the goods to the carrier he chooses.Comparison of CIF a

29、nd CIP 異同點(diǎn)Common points 相同點(diǎn)The contract price includesshipping chargesinsurance premiumThe seller arrangestransport to port of destination pay for related shipping chargespay for insurance premiumPlace of deliveryShipment contractsCIF and CIPDifferences 不同點(diǎn)ItemCIF CIPTransport ocean marine transport

30、multi-modal transportPlaces of delivery on board the ship in port of shipment to the carrier in the exporting countryRisks transfers when goods are on board the vesselwhen the goods are delivered to the carrierInsurance purely ocean transport insurance not only involve transport insurance but also i

31、nland or airway insurance DeliverySymbolic deliveryEXW EX Works( named place)中譯名：工廠交貨（指定地點(diǎn)）FAS Free alongside ship (named place of shipment)中譯名：裝運(yùn)港船邊交貨 （指定裝運(yùn)港）DefinitionThe seller delivers when it places the goods at the disposal of the buyer at the sellers premises or at another named place (i.e.,

32、works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicles, nor does it need to clear the goods for export, where such clearance is applicable. Characteristics 特點(diǎn)The buyer has to bear all costs and risks, and handle all necessary procedures from the momen

33、t he agrees to accept the goods or to take delivery of the goods.This term imposes on the seller the minimum obligations, costs and risks.EXW is widely used in any means of transport.The buyer is obliged to clear export customs.DefinitionThe seller places the goods alongside the vessel nominated by

34、the buyer at the named port of shipment to fulfill his delivery obligation under this term.Allocation of Risks and Costs 風(fēng)險(xiǎn)與費(fèi)用劃分The seller bears all costs (including shipping charges, charges for transshipment and losses or damages of the goods) and risks of transporting the goods alongside the ship

35、. When the goods are alongside the ship, costs and risks are transferred to the buyer.Comparison of FOB and FAS 異同點(diǎn)Common points 相同點(diǎn)Both are used in port-to-port ocean marine transportThe buyer arranges transport, covers insurance and bears shipping charges and insurance premium.FOB and FASDifferenc

36、es 不同點(diǎn)ItemFOB FASPlaces of delivery on board the ship alongside the shipRisks transfers when goods are on board the vesselwhen the goods are alongside the shipObligation The seller is responsible for loading the goods the seller is free from shipping charges Deliverysymbolic delivery physical delive

37、ryDifferent definition under American trade terms 與美國(guó)對(duì)外貿(mào)易定義的區(qū)別In AmericaIn INCOTERMS 2010free along sidefree alongside shipused in any means of transportationused in ocean marine transportationThe common points of these terms 共同點(diǎn)The seller shall deliver the goods to the buyer in the importing countr

38、yUsed in physical deliveryRisks transfer when the buyer takes hold of the goods in the importing countryAll are arrival contractsThe seller shall bear shipping charges and insurance premiumsDefinition“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arrivi

39、ng means of transport, are placed at the disposal of the buyer at a named terminal at the named port of place of destination.Obligations 雙方義務(wù)The Sellers Obligations 賣方義務(wù)The Buyers Obligations買方義務(wù)The Sellers Obligations 賣方義務(wù)provide the goods, the commercial invoice and any other evidenceLicenses, aut

40、horizations, security clearances and other formalities 許可證、授權(quán)、安檢通關(guān)和其他手續(xù) Contract of carriage 關(guān)于運(yùn)輸 Contract of insurance 關(guān)于保險(xiǎn) Delivery 交貨The Sellers Obligations 賣方義務(wù)Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移Allocation of costs 費(fèi)用劃分Notice to the buyer 通知買方Delivery document 交貨憑證Checking-packaging-marking 查對(duì)-包裝-標(biāo)記Assistanc

41、e with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用The Buyers Obligations 買方義務(wù)The buyer must pay the price of the goods as provided in the contract of sale. The buyer must obtain, at its own risk and expense, any import license or other official authorization and carry out all customs formalities for t

42、he import of the goods. Contract of carriage 關(guān)于運(yùn)輸Contract of Insurance關(guān)于保險(xiǎn)The Buyers Obligations 買方義務(wù)Taking delivery 收取貨物Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移Allocation of Costs 費(fèi)用劃分Notice to the seller 通知賣方Proof of delivery 交貨憑證Inspection of goods 貨物檢驗(yàn)Assistance with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用Defin

43、ition“Delivered at Place” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination.The seller bears all risks involved in bringing the goods to the named place. Obligations 雙方義務(wù)The S

44、ellers Obligations 賣方義務(wù)The Buyers Obligations買方義務(wù)The Sellers Obligations 賣方義務(wù)provide the goods, the commercial invoice and any other evidenceLicenses, authorizations, security clearances and other formalities 許可證、授權(quán)、安檢通關(guān)和其他手續(xù) Contract of carriage 關(guān)于運(yùn)輸 Contract of insurance 關(guān)于保險(xiǎn) Delivery 交貨The Seller

45、s Obligations 賣方義務(wù)Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移Allocation of costs 費(fèi)用劃分Notice to the buyer 通知買方Delivery document 交貨憑證Checking-packaging-marking 查對(duì)-包裝-標(biāo)記Assistance with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用The Buyers Obligations 買方義務(wù)The buyer must pay the price of the goods as provided in the contract o

46、f sale. The buyer must obtain, at its own risk and expense, any import license or other official authorization and carry out all customs formalities for the import of the goods. Contract of carriage 關(guān)于運(yùn)輸Contract of Insurance關(guān)于保險(xiǎn)The Buyers Obligations 買方義務(wù)Taking delivery 收取貨物Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移All

47、ocation of Costs 費(fèi)用劃分Notice to the seller 通知賣方Proof of delivery 交貨憑證Inspection of goods 貨物檢驗(yàn)Assistance with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用Definition“Delivered Duty Paid” means that the seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on

48、the arriving means of transport ready for unloading at the named place of destination. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export

49、 and import and to carry out all customs formalities. Obligations 雙方義務(wù)The Sellers Obligations 賣方義務(wù)The Buyers Obligations買方義務(wù)The Sellers Obligations 賣方義務(wù)provide the goods, the commercial invoice and any other evidenceLicenses, authorizations, security clearances and other formalities 許可證、授權(quán)、安檢通關(guān)和其他手續(xù)

50、 Contract of carriage 關(guān)于運(yùn)輸 Contract of insurance 關(guān)于保險(xiǎn) Delivery 交貨The Sellers Obligations 賣方義務(wù)Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移Allocation of costs 費(fèi)用劃分Notice to the buyer 通知買方Delivery document 交貨憑證Checking-packaging-marking 查對(duì)-包裝-標(biāo)記Assistance with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用The Buyers Obligations

51、買方義務(wù)The buyer must pay the price of the goods as provided in the contract of sale. The buyer must provide assistance to the seller, at the sellers request, risk and expense, in obtaining any import license or other official authorization for the import of the goods.Contract of carriage 關(guān)于運(yùn)輸Contract

52、of Insurance關(guān)于保險(xiǎn)The Buyers Obligations 買方義務(wù)Taking delivery 收取貨物Transfer of risks 風(fēng)險(xiǎn)轉(zhuǎn)移Allocation of Costs 費(fèi)用劃分Notice to the seller 通知賣方Proof of delivery 交貨憑證Inspection of goods 貨物檢驗(yàn)Assistance with information and related costs 協(xié)助提供信息及相關(guān)費(fèi)用Case 1: An exporter exports a batch of Christmas gifts to an En

53、glish buyer with CIF London and as the Christmas gifts are seasonal, they contract that the buyer shall open a credit with the seller before the end of September and the seller shall ship the goods to Hamburg not later than 5th December. Or else, the buyer has the right to cancel the contract and ge

54、t refund from the seller. So is the amended contract still a CIF contract？ Why？Case 1: Analysisthe contract is not a CIF contract because:CIF contracts are shipment contractsIn the above case, the seller shall ship the goods to Hamburg not later than 5th December Or else, the buyer has the right to

55、cancel the contract. This substantially alters the character of shipment contracts. CIF is used for symbolic delivery In the above case, the seller shall refund to the buyer if settlements have been made. This alters the characters of symbolic delivery.Case 2: An exporter in Beijing contracts with a

56、n English customer to export a lot of goods. After negotiating the price, our exporter insists on FCA Beijing while the English customer insists on FOB Tianjin.Please explain the reasons.Case 2: AnalysisIf FOB Tianjin is adopted, the seller has to bear shipping charges and risks from Beijing to Tian

57、jin.The seller shall get documents for negotiation after he delivers the goods to the carrier under FCA Beijing, however, the seller shall load the goods on board the ship to get documents for negotiation under FOB Tianjin. Case 3: Our importer imports a batch of goods under FOB term. When the goods

58、 are being unloaded, a dozen of packages are found broken and soaked by seawater. After investigation, the goods are cast broken on deck and then soaked as the lift hooks get loosened. Can our importer lodge a claim for the failure of the buyer to fulfill obligation of delivery？Case 3: Analysisour i

59、mporter has no right to lodge a claim to the buyer.According to INCOTERMS 2010, risks transfer from the seller to the buyer when the goods are on board the vessel at port of shipment. In the above case, packages get broken after the goods are on board the vessel, as a consequence, costs and expenses

60、 are to be borne by the buyer himself.Case 4: Our exporter exports a batch of clothes to Europe under CIF. The contract specifies that insurance is to be covered by the exporter against all risks with CICC and pay with credit. Our exporter ships the goods in nominated port of shipment within specifi