国际贸易术语解释通则2010之FOB(中英对照版)

国际贸易术语解释通则2010之FOB(中英对照版)（共5篇）

国际贸易术语解释通则2010之FOB(中英对照版) 篇1

FREE ON BOARD 船上交货

FOB(insert named port of shipment)Incoterms 2010 船上交货（…指定装运港）GUIDANCE NOTE 序言

This rule is to be used only for sea or inland waterway transport.该术语仅适用于海运或内河运输。

“Free on Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.“Free on Board”是指当卖方在指定的装运港将货物运至买方指定的船上或取得已按此送交的货物，即完成交货。当货物已运至船上时，货物灭失或损坏的风险发生转移，买方自那时起承担一切费用。

The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment.The reference to “procure” here caters for multiple sales down a chain(„string sales‟), particularly common in the commodity trades.卖方必须将货物运到船上或取得已按此送交准备发运的货物。这里的“取得”适合于多层次链条式销售（线性销售），在商品销售中尤为普遍。

FOB may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such situations, the FCA rule should be used.FOB不适用于货物在装船之前移交给承运人的情况，比如集装箱内的货物通常在目的地交付。在这种情况下，应使用FCA术语。

FOB requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.FOB要求在需要办理海关手续时由卖方负责货物出口清关。然而，卖方并没有义务办理货物进口清关、负担任何进口关税或办理任何进口海关手续。

A THE SELLER‟ OBLIGATIONS 卖方义务

A1 General obligations of the seller 卖方基本义务

The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.卖方必须提供符合销售合同规定的货物和商业发票以及按照合同约定必需的有同等作用的其他任何凭证。以及经当事人同意或根据交易习惯在A1-A10中提到的任何有同等作用的电子记录或程序的凭证。

A2 Licences, authorizations, security clearances and other formalities 许可，授权，安全许可和其他正式手续

Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.在需要办理清关手续时，卖方必须承担风险和费用获得任何出口许可或其他官方授权，办理货物出口所需的一切海关手续。

A3 Contracts of carriage and insurance 运输合同和保险合同 a)Contract of carriage 运输合同

The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer‟s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.卖方没有义务为买方订立运输合同。但若买方要求，或者如果是商业惯例而买方未适时给予卖方相反指示，则卖方可按照通常条件订立运输合同，费用和风险由买方承担。在任何一种情况下，卖方都可以拒绝订立此合同；如果拒绝，则应立即通知买方。

b)Contract of insurance 保险合同

The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.卖方没有义务为买方订立保险合同。但应买方要求并由其承担风险和费用，卖方必须提供给买方办理保险所需的相关信息。

A4 Delivery 交货

The seller must deliver the goods either by placing them on board the vessel nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.卖方必须将在买方指定的装运港，在买方指定的装运地点，在约定日期或期限内，按照该港习惯方式将货物交至买方指定的船上或取得已交运的货物。

若买方没有指定具体交货点，那么卖方可选择指定装运港内最适合其目的的交货点。A5 Transfer of risks 风险转移

The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.除B5规定者外，卖方必须承担货物灭失或损坏的一切风险，直至已按照A4规定交货为止。

A6 Allocation of costs 费用划分 The seller must pay 卖方必须支付：

a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export.除按照B6规定应由买方支付的费用外，卖方必须支付与货物有关的一切费用，直至已按照A4规定交货为止；在需要办理海关手续时，货物出口应办理的海关手续费用及出口应交纳的一切关税、税款和其他费用。

A7 Notices to the buyer 通知买方

The seller must, at the buyer‟s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.在货物已按照A4规定交付或在约定时间内船舶未能接收货物时，卖方必须给予买方充分通知，由买方承担风险和费用。

A8 Delivery document 交货凭证

The seller must provide the buyer, at the seller‟s expense, with the usual proof that the goods have been delivered in accordance with A4.Unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyer‟s request, risk and expense, in obtaining a transport document.卖方必须自担费用向买方提供证明已按照A4规定交货的通常单据。如果这些凭证不是运输单据，应买方要求并由其承担风险和费用，卖方必须给予买方协助以取得运输单据。

A9 Checking –packaging –marking 查对、包装、标记

The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.卖方必须支付按照A4规定为了将货物交给买方处置所需进行的查对费用（如查对货物品质、丈量、过磅、点数的费用）以及出口国有关当局在装运前强制检验的费用。卖方必须自付费用包装货物，除非按照相关行业惯例，所售类型的货物通常无需包装发运。卖方应该按照有关货物运输所要求的方式包装货物，除非买方在订立合同前已经通知卖方特殊的包装要求。包装应作适当标记。

A10 Assistance with information and related costs 信息协助及相关费用

The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.应买方要求并由其承担风险和费用，在需要办理清关手续时，卖方必须给予买方一切及时的协助，以帮助其取得包括买方为进口货物和/或为使货物运输到最终目的地所需的有关货物安全信息在内的任何凭证和信息。卖方必须偿付买方按照B10规定在卖方获得相关凭证和信息时给予协助所发生的费用。

B THE BUYER‟ OBLIGATIONS 买方义务

B1 General obligations of the buyer 买方基本义务

The buyer must pay the price of the goods as provided in the contract of sale.买方必须按照销售合同规定支付价款。

Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.以及经当事人同意或根据交易习惯在B1-B10中提到的任何有同等作用的电子记录或程序的凭证。

B2 Licences, authorizations, security clearances and other formalities 许可，授权，安全许可和其他正式手续

Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.在需要办理清关手续时，由买方自担风险和费用获得任何进口许可或其他官方授权，并负责办理货物进口和从他国过境的一切海关手续。

B3 Contracts of carriage and insurance 运输合同和保险合同 a)Contract of carriage 运输合同

The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a).买方必须自付费用订立自指定装运港运输货物的合同，卖方按照A3 a）订立了运输合同时除外。

b)Contract of insurance 保险合同

The buyer has no obligation to the seller to make a contract of insurance.买方没有义务为卖方订立保险合同。

B4 Taking delivery 受领货物

The buyer must take delivery of the goods when they have been delivered as envisaged in A4.买方必须在卖方按照A4规定交货时，受领货物。

B5 Transfer of risks 风险转移

The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.买方必须承担自按照A4规定交货之时起货物灭失或损坏的一切风险；

If a)the buyer fails to notify the nomination of a vessel in accordance with B7;or 如果买方未按照B7规定就指定的船只给予卖方相应通知；

b)the vessel nominated by the buyer fails to arrive on time to enable the seller to comply with A4, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7;then, the buyer bears all risks of loss of or damage to the goods:

(i)from the agreed date, or in the absence of an agreed date，(ii)from the date notified by the seller under A7 within the agreed period, or, if no such date has been notified，(iii)from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.或当自约定的交货日期或并未约定日期；自买方按照A7规定指定的约定期限内的日期起或买方并未指定该日期；或自交货期限届满之日起（但以该项货物已正式划归合同项下为限），买方指定的船只未能按时到达致使卖方未能按照A4规定交货，或未能接收货物或较按照B7通知的时间提早停止运输货物，买方承担货物灭失或损坏的一切风险。

B6 Allocation of costs 费用划分 The buyer must pay 买方必须支付：

a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 b);

自按照A4规定交货之时起与货物有关的一切费用，以及在需要办理海关手续时，货物出口所需办理海关手续的费用和按照A6 b)规定在货物出口时应交纳的一切关税、税款和其他费用

b)any additional costs incurred, either because:

(i)the buyer has failed to give appropriate notice in accordance with B7, or

(ii)the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been clearly identified as the contract goods;and

在买方未能按照B7规定给予卖方适当通知，或买方指定的船只未能按时到达，或未能接收货物，或较按照B7通知的时间提早停止运输货物时，买方应承担所发生的一切额外费用，但以该项货物已正式划归合同项下为限。

c)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 the costs for their transport through any country.在需要办理海关手续时，货物进口应交纳的一切关税、税款和其他费用，以及办理海关手续的费用和从他国过境的费用。

B7 Notices to the seller 通知卖方

The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period.买方必须就指定船只名称、装运点和必要时约定期限内的指定交货时间给予卖方充分通知。

B8 Proof of delivery 交货证明

The buyer must accept the proof of delivery provided as envisaged in A8.买方必须接受卖方按照A8规定所提供的交货证明。

B9 Inspection of goods 货物检验

The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.买方必须支付任何装运前强制检验的费用，包括出口国有关当局强制进行的检验。

B10 Assistance with information and related costs 信息协助及相关费用

The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.买方必须及时通知卖方以便其按照A10规定提供任何必要的安全信息。

The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.买方必须偿付卖方按照A10规定在买方获得相关凭证和信息时给予协助所发生的费用。

The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.应卖方要求并由其承担风险和费用，在需要办理清关手续时，买方必须给予卖方一切及时的协助，以帮助其取得包括卖方为货物运输和出口和必要时从他国过境所需的有关货物安全信息在内的任何凭证和信息。d

国际贸易术语解释通则2010之FOB(中英对照版) 篇2

国际商会自1921年开始编纂贸易术语, 至今日贸易术语已经历经近百年的岁月、多次修订, 于2011年1月1日开始实行了最新修订版本《2010年国际贸易术语解释通则》 (以下简称2010通则) 。《2010通则》的实施给报关报检、国际结算、保险业、国际货物运输业等国际贸易相关行业带来了新的变化和要求, 同时相关的从业人员也要更新知识, 理解新的国际贸易规则。

一、《2010通则》与《2000年国际贸易术语解释通则》 (以下简称《2000通则》) 中FOB术语的变化

(一) 适用范围的变化

《2010通则》首次明确规定贸易术语即可以在国际贸易中使用也可以适用于国内贸易。这一巨大变化扩大了FOB术语的适用范围, 同时也推进了国内贸易与国际贸易的衔接, 有助于规范国内贸易行为, 方便买卖双方确定各自在交易中的责任和义务, 简化国内贸易货物交付手续。但是由于FOB术语涉及到清关手续, 如何在国内贸易中准确、适当的使用FOB术语, 还需要在未来的实际应用中进一步的探索和修正。

(二) 风险划分点的变化

国际货物的装运过程及装运过程中的风险是连续的、不可分割的。《2000通则》中以“装运港船舷”作为FOB、CFR、CIF三个术语风险划分点的做法在将装运过程进行了分割的同时也割裂了装运过程中的风险, 使“风险存在想象中的垂直线上摇来晃去的陈旧概念 (《国际条规2010》的导言, 国际商会中国台北分会。) ”, 无形中就加重了买方所需承担的风险。 (邓旭, 《2010年国际贸易术语解释通则》的主要变化和发展)

在《2010通则》所规定的FOB术语摒弃了以往以“装运港船舷”为风险划分点的做法, 而改用“装运港船上”作为新的风险划分点, 这一做法具有非常重要的现实意义。不仅统一了装运过程中的风险, 同时也更加接近现代国际贸易的现实情况, 对于买卖双方更加公平。

二、《2010通则》下FOB术语面临的风险

(一) 船货衔接的风险

船货衔接的风险是指由于买方可能不履行租船订舱义务带来的损失。根据《2010通则》的规定, 凡是以FOB术语成交的合同, 须由买方负责租船订舱, 并且支付运费, 卖方只需将符合合同规定的货物装运至买方指定的船只上即可。但是, 在装运之前如果买方恶意违约, 拒不派船接货, 就会致使卖方无法按时完成交货义务, 影响卖方收汇, 即使是使用信用证作为结算方式也会由于无法按时向银行提交单据而无法顺利收回货款。

这种情况多发生于合同标的货物的国际市场价格下降的时候, 买方出于希望卖方降低价格或者不想继续履行合同等目的, 故意违约拖延派船或拒不派船。此时, 如果是大路货卖方可以另行寻觅新的买家, 损失较小。但如果是买方定制的货物, 卖方无法立刻寻找到新买家, 货物难以变现, 只能接受买家降价的要求。

(二) 买方指定船公司或境外货代可能带来的风险

FOB术语条件下, 是由买方负责订立运输合同、租船订舱并完成进口清关手续的。但是在实际应用中, 买方直接指定船公司的情况是非常少见的, 多数买方会选择境外货代承担分拨集运、进口清关等业务。尤其是随着我国经济的不断发展、对外贸易量不断上升、国内物流市场的逐步开放, 越来越多的境外货代进入国内, 业务日渐活跃, 使我国FOB指定境外货代的比例日趋增加。

买方这种指代境外货代或者船公司的行为给我国出口方增加了一定的风险。首先就是船货衔接的风险, 有时候船公司舱位非常紧张, 买方不一定会及时订到舱位。国际贸易中卖方备货到交货的时间往往非常紧张, 很多船公司在港口每周通常只有一个船次, 若我方赶不上最近的船次就必须等待一周或者更长的时间, 从而影响我方收汇。

由于船公司或者境外货代是与买方签订合同, 是为买方服务的, 很可能出现进口商也会勾结船公司或境外货代骗取货物的情况。心存不善的境外货代或船公司与买方狼狈为奸, 无单放货给买方, 致使我国出口方钱货两空的事件时有发生。

(三) 提单托运人和收货人填制可能出现的风险

根据FOB术语中对于买卖双方责任与义务的规定, 买方负责租船订舱, 而交货和装船却是由卖方来完成, 实际上FOB术语是将一个连贯的物流过程分割成了两部分。实际完成装运工作的是卖方, 因此卖方才是真正的托运人。但与船公司或者货代签订合同的是买方, 因此买方也完全可以成为提单上的收货人, 在法律上毫无问题。而这样一来, 卖方在货物装运完成后持单向银行申请结汇时, 银行会因为单证不符拒绝议付货款, 给卖方带来结汇的风险。

三、《2010通则》下FOB术语的风险防范

(一) 仔细分析风险, 慎重选择贸易术语

在进行贸易磋商的时候就要考虑到贸易术语选择的重要性, 出口商必须仔细分析所选贸易术语的潜在风险, 尽量使用CIF或者CFR术语。因为在CIF和CFR术语下签订的合同, 由卖方负责签订运输合同, 不存在船货交接问题。而且CIF和CFR术语统一了卖方作为交货人和托运人的身份, 卖方是提单上唯一的托运人, 有效地避免了提单托运人和收货人填制带来的风险。

如果在不得已的情况下使用了FOB术语, 卖方在签订合同之前, 要谨慎地评估进口商的经营情况和商誉, 避免与资信不良的进口商合作, 以在最大程度上保障自身利益。同时, 应在合同中明确的对买方派船接货时间进行规定, 如果买方在约定的时间未能及时派船接货, 卖方则有权利自行租船订舱, 由此产生的费用和损失则由买方赔偿。

(二) 慎用国外货代, 注重货代资信调查

在已采用FOB术语签订合同的情况下, 尽可能避免使用外商指定的船公司或境外货代。如外商坚持使用境外货代, 卖方可通过国际咨询机构对该货代的资信进行深入调查, 可以使用资信良好的境外货代。

(三) 认真缮制提单, 杜绝无单放货

为防范船公司与外商勾结无单放货的风险, 坚持在提单上以卖方作为托运人是较为稳妥的做法。但如果买方或者货代信誉良好, 可以酌情处理。

(四) 选择安全主动的支付方式, 注重风险分散

国际市场竞争日趋激烈, 卖方有时也会通过降低付款条件来争取客户。当不得不采用托收作为付款方式时, 要仔细审查买方的经营状况和商誉资信, 以免货物到达目的港后买方拒付货款。

当采用风险较大的支付方式时, 卖方要充分估计风险, 采取有效的风险防范措施。例如, 购买卖方利益险或办理国际保理, 符合规定的还可以办理出口信用保险, 通过各种保障手段来分散风险, 实现安全贸易。

参考文献

[1]邓旭.《2010年国际贸易术语解释通则》的主要变化和发展[J].国际经贸法规, 2011 (12)

[2]王林霞.FOB条件下出口商面临的风险及防范[J].太原城市职业技术学院学报, 2011 (12)

[3]张华勇.FOB术语中采用电汇支付方式对卖方存在的风险及其防范[J].黑龙江对外经贸, 2009 (8)

[4]胡豹.海运提单风险及防范研究[J].中国商贸, 2009 (17)

国际贸易术语解释通则2010之FOB(中英对照版) 篇3

关键词 FOB 卖方 风险 防范措施

一、 FOB条件下卖方面临的风险

（一）保险范围问题

2010年9月27日，国际商会根据国际货物贸易的发展，在巴黎召开《2010年国际贸易术语解释通则》（International Rules for the Interpretation of Trade Terms 2010） （以下简称新《通则》）全球发布会，其并于2011年1月1日开始实施。作为对外贸易一线人员应该学习并掌握新《通则》。根据新《通则》，在FOB条件下，买方负责安排货物的运输与保险，并支付运费和保险费，卖方负责货物装上船为止的一切风险。虽然买方有时会办理“仓至仓”保险，但是由于买方在货物装船前对货物没有所有权，因此不能将保险单转让给卖方作为保单受让人。

（二）船货衔接的风险

在FOB下，根据新《通则》的规定，买方必须负责租船订舱，并将船名和装船时间通知卖方，而卖方必须负责在合同规定的装船期和装运港，将货物装上买方指定的船只。但是，如果买方所派船只因故不能按时到达，或者买方由于订舱不易或市场行情变动，基于自身利益的考虑而拖延甚至不派船接货等情况，卖方会因此增加仓储等费用。即使卖方把货物及时装船，由于时间延后，信用证遭到拒付的风险也随之增大。

（三）国外买方指定境外货运代理人的风险

境外一些不法买方运用种种手段勾结境外的无船承运人和货运代理人，甚至以国内承运人为幌子，会通过签发无船承运人提单骗取卖方货物。虽然卖方可以基于买卖合同追讨自身合法权益提出诉讼，但此做法效果普遍较差：1、如果卖方到买方所在地法院提起诉讼，哪怕最后能胜诉，耗力耗财耗时对于卖方来说机会成本未免过大；2、如果双方约定依据我国合同法，判决的执行也是一个难题。

（四） 提单填写不当的风险

在FOB下，部分国外买方常在信用证中要求卖方提交的提单以买方作为托运人。其实这种做法会增加卖方的收汇风险。买方在提单中以托运人名义指示承运人将货物交给他指定收货人。卖方在表面上虽控制着作为物权凭证的提单，但货物却可能已被买方指定的收货人提走。在指示提单中，承运人签发提单后肯定要将提单交给卖方，以便其办理结汇手续，这样卖方既可以作为受益人结汇又可以作为托运人背书。但是如果把买方的名称填写在提单托运人一栏内，而又由卖方作为托运人背书，这种做法在法律上并无错误。但根据UCP600的规定，只负有在表面上审查单据的义务的银行一旦发现提单上作为托运人进行背书的第一背书人名称跟提单正面托运人一栏内填写的名称不对应，肯定会以单据本身有疑点为由拒收单据。

（五）FOB下结算方式选择的風险

电汇（T/T）由于交款迅速，能够节约出口方的精力，并可及时收到货款，而在外贸业务中广泛使用。在实际上，买方采用T/T预付全款所承受的风险过大，所以卖方与买方在支付方式上难以取得共识。另外广为采用的30% deposit， balance by T/T after receipt of B/L copy，风险同样存在。如果买方对货物的需求发生变化的话，即使我方拿到了30%预付款，也不一定可以弥补在交易中的损失，对于专门定制产品更甚。

信用证（L/C）支付方式由于建立在银行信用基础上，故较易被卖方所接受。在合同规定以信用证方式支付时，买方开来的信用证中规定提单要注明托运人为买方。卖方在审证时即使发现这一问题，但出于时间和金钱方面的考虑也可能忽略。但卖方结汇时，银行会出于单证有不符点，拒付并退单。

二、 FOB下卖方防范风险的相关对策

（一）理清保险范围

卖方应考虑到风险的无处不在而应自行为运往装运港的货物进行投保。

（二）处理好船货衔接问题

卖方应争取自行办理托运手续，以便了解和控制货物动态。如若不行，卖方应注意买方资信，同时还应在合同中列明买方应在派船前电告卖方船名、船籍、所属船公司等详细信息，并以卖方确认为准。在合同中，还应明确若由于买方原因延误船期，由买方承担违约责任并赔偿卖方由此造成的损失，直至解除合同或有权代买方租船装运。

（三）避免货物代理人引起的问题

若买方选择船公司而非货代安排运输，卖方应只接受信誉好的船公司。若买方坚持指定境外货代，那么卖方对货代的信誉要进行严格审查，同时要求其国内的合法代理人或无船承运人出具保函，承诺被指定境外货代安排运输的货物到达目的港后必须凭信用证项下银行流转的正本提单放货，否则要承担无单放货的赔偿责任。

（四） 处理好代表物权凭证的提单

使用“记名提单”不仅会引起因对方无单提货而导致的风险，而且会阻碍发货人因故要将货物转运或委托第三方提货。在L/C支付条件下，使用船公司的海运提单应以卖方为托运人的指示提单。

（五） 提高防范风险意识

对于卖方，可以投保“卖方利益险”来防范买方拒付的风险，或者投保“短期出口信用险”以规避并转化风险。在发生风险事故时，保险公司会通过各种办法对有关责任方进行追索。无论结果如何，卖方均可在规定的时间内得到一定程度的赔偿。

参考文献：

[1]薛春政.FOB条件下卖方的风险及防范浅析[J].金卡工程， 2010（1）.

[2]赵磊.2010年国际贸易术语解释通则》下FOB术语的风险防范[J].商业经济， 2014（14）.

国际贸易术语解释通则2010之FOB(中英对照版) 篇4

RULES FOR ANY MODE OR MODES OF TRANSPORT

EX WORKS EXW(insert named place of delivery)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.It is suitable for domestic trade, while FCA is usually more appropriate for international trade.“Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller‟s premises or at another named place(i.e., works, factory, warehouse, etc.).The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller.The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.EXW represents the minimum obligation for the seller.The rule should be used with care as: a)The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so.If the seller does load the goods, it does so at the buyer‟s risk and expense.In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.b)A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance.Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.c)The buyer has limited obligations to provide to the seller any information regarding the export of the goods.However, the seller may need this information for, e.g., taxation or reporting purposes.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must provide the buyer, at the buyer‟s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods.Where applicable, the seller must provide, at the buyer‟s request, risk and expense, any information in the possession of the seller that is required for the security clearance of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle.If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.The seller must deliver the goods on the agreed date or within the agreed period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when A4 and A7 have been complied with.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.A7 Notices to the buyer The seller must give the buyer any notice needed to enable the buyer to take delivery of the goods.A8 Delivery document The seller has no obligation to the buyer.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must: a)pay all costs relating to the goods from the time they have been delivered as envisaged in A4;b)pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal or to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;c)pay, where applicable, all duties, taxes and other charges, as well as the costs of carrying out customs formalities payable upon export;and d)reimburse all costs and charges incurred by the seller in providing assistance as envisaged in A2.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must provide the seller with appropriate evidence of having taken delivery.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, and counting)that are necessary for the purpose of delivering the goods in accordance with A4.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the export and/or import of the goods and/or for their transport to the final destination.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, including inspection mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.Free Carrier FCA(insert named place of delivery)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller‟s premises or another named place.The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.If the parties intend to deliver the goods at the seller‟s premises, they should identify the address of those premises as the named place of delivery.If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.FCA requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer‟s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period.Delivery is completed: a)If the named place is the seller‟s premises, when the goods have been loaded on the means of transport provided by the buyer.b)In any other case, when the goods are placed at the disposal of the carrier or another person nominated by the buyer on the seller‟s means of transport ready for unloading.If no specific point has been notified by the buyer under B7 d)within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract at its own expense for the carriage of the goods from the named place of delivery, except when the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails in accordance with B7 to notify the nomination of a carrier or another person as envisaged in A4 or to give notice;or b)the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, then, the buyer bears all risks of loss of or damage to the goods:(i)from the agreed date, or in the absence of an agreed date,(ii)from the date notified by the seller under A7 within the agreed period;or, if no such date has been notified,(iii)from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer fails to nominate a carrier or another person as envisaged in A4, or(ii)the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or(iii)the buyer has failed to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)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 the costs for their transport through any country.A7 Notices to the buyer The seller must, at the buyer‟s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with the usual proof that the goods have been delivered in accordance with A4.The seller must provide assistance to the buyer, at the buyer‟s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request，risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.B7 Notices to the seller The buyer must notify the seller of a)the name of the carrier or another person nominated as envisaged in A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article;b)where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods;c)the mode of transport to be used by the person nominated;and d)the point of taking delivery within the named place.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CARRIAGE PAID TO CPT(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage Paid To” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for the carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller‟s choosing and over which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g., at an ocean port or airport), they need to specify this in their contract of sale.The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CPT requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods, and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place.The contract of carriage must be made on usual terms at the seller‟s expense and provide for carriage by the usual route and in a customary manner.If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreed period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller‟s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller‟s account under the contract of carriage.A7 Notices to the buyer The seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b)all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller‟s account under the contract of carriage;c)unloading costs, unless such costs were for the seller‟s account under the contract of carriage;d)any additional costs incurred if the buyer fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods;and e)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 the costs for their transport through any country, unless included within the cost of the contract of carriage.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give the seller sufficient notice thereof.If customary or at the buyer‟s request, the seller must provide the buyer, at the seller‟s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment.If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information，including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information，including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.CARRIAGE AND INSURANCE PAID TO CIP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Carriage and Insurance Paid to” means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.The seller also contracts for insurance cover against the buyer‟s risk of loss of or damage to the goods during the carriage.The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover.Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller‟s choosing and over which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g., at an ocean port or an airport), they need to specify this in their contract of sale.The parties are also well advised to identify as precisely as possible the point within the agreed place of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CIP requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.B THE BUYER‟ OBLIGATIONS

B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other Formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named place of destination or, if agreed, any point at that place.The contract of carriage must be made on usual terms at the seller‟s expense and provide for carriage by the usual route and in a customary manner.If a specific point is not agreed or is not determined by practice, the seller may select the point of delivery and the point at the named place of destination that best suit its purpose.b)Contract of insurance The seller must obtain at its own expense cargo insurance complying at least with the minimum cover as provided by Clauses(C)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses.The insurance shall be contracted with underwriters or an insurance company of good repute and entitle the buyer, or any other person having an insurable interest in the goods, to claim directly from the insurer.When required by the buyer, the seller shall, subject to the buyer providing any necessary information requested by the seller, provide at the buyer‟s expense any additional cover, if procurable, such as cover as provided by Clauses(A)or(B)of the Institute Cargo Clauses(LMA/IUA)or any similar clauses, and/or cover complying with the Institute War Clauses and/or Institute Strikes Clauses(LMA/IUA)or any similar clauses.The insurance shall cover, at a minimum, the price provided in the contract plus 10%(i.e., 110%)and shall be in the currency of the contract.The insurance shall cover the goods from the point of delivery set out in A and A5 to at least the named place of destination.The seller must provide the buyer with the insurance policy or other evidence of insurance cover.Moreover, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs to procure any additional insurance.A4 Delivery The seller must deliver the goods by handing them over to the carrier contracted in accordance with A3 on the agreed date or within the agreed period.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with any information necessary for the seller to procure any additional insurance requested by the buyer as envisaged in A3 b).B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named place of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller‟s account under the contract of carriage;c)the costs of insurance resulting from A3 b);and d)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller‟s account under the contract of carriage.A7 Notices to the buyer The seller must notify the buyer that the goods have been delivered in accordance with A4.The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, it must bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 d);b)all costs and charges relating to the goods while in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller‟s account under the contract of carriage;c)unloading costs, unless such costs were for the seller‟s account under the contract of carriage;d)any additional costs incurred if it fails to give notice in accordance with B7, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods;e)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 the costs for their transport through any country, unless included within the cost of the contract of carriage;and f)the costs of any additional insurance procured at the buyer‟s request under A3 and B3.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the named place of destination or the point of receiving the goods within that place, give the seller sufficient notice thereof.A8 Delivery document If customary or at the buyer‟s request, the seller must provide the buyer, at the seller‟s expense, with the usual transport document[s] for the transport contracted in accordance with A3.This transport document must cover the contract goods and be dated within the period agreed for shipment.If agreed or customary, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer or by notification to the carrier.When such a transport document is issued in negotiable form and in several originals, a full set of originals must be presented to the buyer.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4 as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the transport document provided as envisaged in A8 if it is in conformity with the contract.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DAT DELIVERED AT TERMINAL DAT(insert named terminal at port or place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination.“Terminal” includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal.The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination.The parties are well advised to specify as clearly as possible the terminal and, if possible, a specific point within the terminal at the agreed port or place of destination, as the risks to that point are for the account of the seller.The seller is advised to procure a contract of carriage that matches this choice precisely.Moreover, if the parties intend the seller to bear the risks and costs involved in transporting and handling the goods from the terminal to another place, then the DAP or DDP rules should be used.DAT requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named terminal at the agreed port or place of destination.If a specific terminal is not agreed or is not determined by practice, the seller may select the terminal at the agreed port or place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must unload the goods from the arriving means of transport and must then deliver them by placing them at the disposal of the buyer at the named terminal referred to in A3 a)at the port or place of destination on the agreed date or within the agreed period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)any additional costs incurred by the seller if the buyer fails to fulfill its obligations in accordance with B2, or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)where applicable, the costs of customs formalities as well as all duties, taxes and other charges payable upon import of the goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery at the named terminal, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the delivery document provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information，including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DELIVERED AT PLACE DAP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“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.The parties are well advised to specify as clearly as possible the point within the agreed place of destination, as the risks to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.DAP requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination.If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed date or within the agreed period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)any charges for unloading at the place of destination that were for the seller‟s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller‟s account under the contract of carriage;c)any additional costs incurred by the seller if the buyer fails to fulfill its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods;and d)where applicable, the costs of customs formalities, as well as all duties, taxes and other charges payable upon import of the goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the delivery document provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.DELIVERED DUTY PAID DDP(insert named place of destination)Incoterms 2010 GUIDANCE NOTE This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.“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 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 and import and to carry out all customs formalities.DDP represents the maximum obligation for the seller.The parties are well advised to specify as clearly as possible the point within the agreed place of destination, as the costs and risks to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.The parties are well advised not to use DDP if the seller is unable directly or indirectly to obtain import clearance.If the parties wish the buyer to bear all risks and costs of import clearance, the DAP rule should be used.Any VAT or other taxes payable upon import are for the seller‟s account unless expressly agreed otherwise in the sales contract.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export and import licence and other official authorization and carry out all customs formalities necessary for the export of the goods, for their transport through any country and for their import.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination.If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed date or within the agreed period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, the buyer must provide assistance to the seller, at the seller‟s request, risk and expense, in obtaining any import licence or other official authorization for the import of the goods.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)any charges for unloading at the place of destination that were for the seller‟s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export and import as well as all duties, taxes and other charges payable upon export and import of the goods, and the costs for their transport through any country prior to delivery in accordance with A4.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to fulfill its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;or b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4;b)all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller‟s account under the contract of carriage;and c)any additional costs incurred if it fails to fulfill its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods.B7 Notices to the seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export or of import.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the transport of the goods to the final destination, where applicable, from the named place of destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B9 Inspection of goods The buyer has no obligation to the seller to pay the costs of any mandatory pre-shipment inspection mandated by the authority of the country of export or of import.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport, export and import of the goods and for their transport through any country.RULES FOR SEA AND IINLAND WATERWAY TRANSPORT FREE ALONGSIDE SHIP FAS(insert named port of shipment)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel(e.g., on a quay or a barge)nominated by the buyer at the named port of shipment.The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.The parties are well advised to specify as clearly as possible the loading point at the named port of shipment, as the costs and risks to that point are for the account of the seller and these costs and associated handling charges may vary according to the practice of the port.The seller is required either to deliver the goods alongside the ship or to procure goods already so delivered for shipment.The reference to “procure” here caters for multiple sales down a chain(„string sales‟), particularly common in the commodity trades.Where the goods are in containers, it is typical for the seller to hand the goods over to the carrier at a terminal and not alongside the vessel.In such situations, the FAS rule would be inappropriate, and the FCA rule should be used.FAS requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer‟s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them alongside the ship nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.If the parties have agreed that delivery should take place within a period, the buyer has the option to choose the date within that period.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary..B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export.A7 Notices to the buyer The seller must, at the buyer‟s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.the time they have been delivered as envisaged in A4.If a)the buyer fails to give notice in accordance with B7;or b)the vessel nominated by the buyer fails to arrive on time, or fails to take the goods or closes for cargo earlier than the time notified in accordance with B7;then the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export as well as all duties, taxes, and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer has failed to give appropriate notice in accordance with B7, or(ii)the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)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 the costs for their transport through any country.B7 Notices to the seller The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with the usual proof that the goods have been delivered in accordance with A4.Unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyer‟s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.FOB FREE ON BOARD FOB(insert named port of shipment)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Free on Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment.The reference to “procure” here caters for multiple sales down a chain(„string sales‟), particularly common in the commodity trades.FOB may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such situations, the FCA rule should be used.FOB requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller has no obligation to the buyer to make a contract of carriage.However, if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may contract for carriage on usual terms at the buyer‟s risk and expense.In either case, the seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them on board the vessel nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.If no specific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits its purpose.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer must contract, at its own expense for the carriage of the goods from the named port of shipment, except where the contract of carriage is made by the seller as provided for in A3 a).b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;and b)where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If a)the buyer fails to notify the nomination of a vessel in accordance with B7;or b)the vessel nominated by the buyer fails to arrive on time to enable the seller to comply with A4, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7;then, the buyer bears all risks of loss of or damage to the goods:(i)from the agreed date, or in the absence of an agreed date,(ii)from the date notified by the seller under A7 within the agreed period, or, if no such date has been notified,(iii)from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in A6 b);b)any additional costs incurred, either because:(i)the buyer has failed to give appropriate notice in accordance with B7, or(ii)the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been clearly identified as the contract goods;and c)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 the costs for their transport through any country.A7 Notices to the buyer The seller must, at the buyer‟s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the vessel has failed to take the goods within the time agreed.A8 Delivery document The seller must provide the buyer, at the seller‟s expense, with the usual proof that the goods have been delivered in accordance with A4.Unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyer‟s request, risk and expense, in obtaining a transport document.A9 Checking –packaging –marking The seller must pay the costs of those checking operations(such as checking quality, measuring, weighing, counting)that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged.The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded.Packaging is to be marked appropriately.A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer‟s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.B7 Notices to the seller The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period.B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8.B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller‟s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.COST AND FREIGHT CFR(insert named port of destination)Incoterms 2010 GUIDANCE NOTE This rule is to be used only for sea or inland waterway transport.“Cost and Freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel.The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination.This rule has two critical points, because risk passes and costs are transferred at different places.While the contract will always specify a destination port, it might not specify the port of shipment, which is where risk passes to the buyer.If the shipment port is of particular interest to the buyer, the parties are well advised to identify it as precisely as possible in the contract.The parties are well advised to identify as precisely as possible the point at the agreed port of destination, as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the specified point at the port of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment to the destination.In addition, the seller is required either to make a contract of carriage or to procure such a contract.The reference to “procure” here caters for multiple sales down a chain(„string sales‟), particularly common in the commodity trades.CFR may not be appropriate where goods are handed over to the carrier before they are on board the vessel, for example goods in containers, which are typically delivered at a terminal.In such circumstances, the CPT rule should be used.CFR requires the seller to clear the goods for export, where applicable.However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.A THE SELLER‟ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods.A3 Contracts of carriage and insurance a)Contract of carriage The seller must contract or procure a contract for the carriage of the goods from the agreed point of delivery, if any, at the place of delivery to the named port of destination or, if agreed, any point at that port.The contract of carriage must be made on usual terms at the seller‟s expense and provide for carriage by the usual route in a vessel of the type normally used for the transport of the type of goods sold.b)Contract of insurance The seller has no obligation to the buyer to make a contract of insurance.However, the seller must provide the buyer, at the buyer‟s request, risk, and expense(if any), with information that the buyer needs for obtaining insurance.A4 Delivery The seller must deliver the goods either by placing them on board the vessel or by procuring the goods so delivered.In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.B THE BUYER‟ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale.Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country.B3 Contracts of carriage and insurance a)Contract of carriage The buyer has no obligation to the seller to make a contract of carriage.b)Contract of insurance The buyer has no obligation to the seller to make a contract of insurance.However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4 and receive them from the carrier at the named port of destination.A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.A6 Allocation of costs The seller must pay a)all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;b)the freight and all other costs resulting from A3 a), including the costs of loading the goods on board and any charges for unloading at the agreed port of discharge that were for the seller‟s account under the contract of carriage;and c)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export, and the costs for their transport through any country that were for the seller‟s account under the contract of carriage.A7 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take the goods.B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.If the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for shipment, provided that the goods have been clearly identified as the contract goods.B6 Allocation of costs The buyer must, subject to the provisions of A3 a), pay a)all costs relating to the goods from the time they have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary for export as well as all duties, taxes, and other charges payable upon export as referred to in A6 c);b)all costs and charges relating to the goods while in transit until their arrival at the port of destination, unless such costs and charges were for the seller‟s account under the contract of carriage;c)unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller‟s account under the contract of carriage;

国际贸易术语解释通则2010之FOB(中英对照版) 篇5

2011-5-17 9:27 来源：法律教育网

【大 中 小】【我要纠错】

导读：司法考试2010年国际贸易术语解释通则解析，虽然司考国际贸易术语2010 将于2011年1月1日正式生效，但是国际贸易术语2010实施之后并非国际贸易术语2000就自动作废。因为国际贸易惯例本身不是法律，对国际贸易当事人不产生必然的强制性约束力。国际贸易惯例在适用的时间效力上并不存在“新法取代旧法”的说法，即2010实施之后并非2000就自动废止，当事人在订立贸易合同时仍然可以选择适用贸易术语2000甚至贸易术语1990。

但是司法考试的同学们今年要特别注意了，因为不出意外的话2011年司法考试的大纲会将贸易术语2010列为司考内容。

国际贸易术语2010主要变化：

1.术语分类的调整：

由原来的EFCD 四组分为适用于两类：适用于各种运输方式和水运

2、贸易术语的数量由原来的13种变为11种。《通则2010》的分类 新版本改变了《通则2000》将13个贸易术语分为EFCD四组的做法，而将11种术语分成了如下截然不同的两类：

第一组：适用于任何运输方式的术语七种：EXW、FCA、CPT、CIP、DAT、DAP、DDP。

EXW（ex works）工厂交货

FCA（free carrier）货交承运人

CPT（carriage paid to）运费付至目的地

CIP（carriage and insurance paid to）运费/保险费付至目的地

DAT（delivered at terminal）目的地或目的港的集散站交货

DAP（delivered at place）目的地交货

DDP（delivered duty paid）完税后交货

第二组：适用于水上运输方式的术语四种： FAS、FOB、CFR、CIF。

FAS（free alongside ship）装运港船边交货

FOB（free on board）装运港船上交货

CFR（cost and freight）成本加运费

CIF（cost insurance and freight）成本、保险费加运费

3、删除INCOTERMS2000中四个D组贸易术语，即DDU(Delivered Duty Unpaid)、DAF(Delivered At Frontier)、DES(Delivered Ex Ship)、DEQ(Delivered Ex Quay)，只保留了INCOTERMS2000D组中的DDP（Delivered Duty Paid）。

4、新增加两种D组贸易术语，即DAT（Delivered At Terminal）与DAP（Delivered At Place）。

5、E组、F组、C组的贸易术语基本没有变化。

如何应用国际贸易术语2010通则

DAT（delivered at terminal）目的地或目的港的集散站交货

类似于取代了的DEQ术语，指卖方在指定的目的地或目的港的集散站卸货后将货物交给买方处置即完成交货，术语所指目的地包括港口。卖方应承担将货物运至指定的目的地或目的港的集散站的一切风险和费用（除进口费用外）。本术语适用于任何运输方式或多式联运。

DAP（delivered at place）目的地交货

类似于取代了的DAF、DES和DDU三个术语，指卖方在指定的目的地交货，只需做好卸货准备无需卸货即完成交货。术语所指的到达车辆包括船舶，目的地包括港口。卖方应承担将货物运至指定的目的地的一切风险和费用（除进口费用外）。本术语适用于任何运输方式、多式联运方式及海运。

《2010年国际贸易术语解释通则》(International Rules for the Interpretation of Trade Terms 2010, 缩写Incoterms® 2010)是国际商会根据国际货物贸易的发展，对《2000年国际贸易术语解释通则》的修订，2010年9月27日公布，于2011年1月1日实施。法|律教育网整理

《2010年国际贸易术语解释通则》删去了《2000年国际贸易术语解释通则》4个术语：DAF(Delivered at Frontier)边境交货、DES(Delivered Ex Ship)目的港船上交货、DEQ(Delivered Ex Quay)目的港码头交货、DDU(Delivered Duty Unpaid)未完税交货，新增了2个术语：DAT（delivered at terminal）在指定目的地或目的港的集散站交货、DAP（delivered at place）在指定目的地交货。即用DAP取代了DAF、DES和DDU三个术语，DAT取代了DEQ，且扩展至适用于一切运输方式。

修订后的《2010年国际贸易术语解释通则》取消了“船舷”的概念，卖方承担货物装上船为止的一切风险，买方承担货物自装运港装上船后的一切风险。在FAS，FOB，CFR和CIF等术语中加入了货物在运输期间被多次买卖（连环贸易）的责任义务的划分。考虑到对于一些大的区域贸易集团内部贸易的特点，规定，Incoterms® 2010不仅适用于国际销售合同，也适用于国内销售合同。

《2010年国际贸易术语解释通则》共有11种贸易术语，按照所适用的运输方式划分为两大类：

第一组：适用于任何运输方式的术语七种：EXW、FCA、CPT、CIP、DAT、DAP、DDP。

EXW（ex works）工厂交货

FCA（free carrier）货交承运人

CPT（carriage paid to）运费付至目的地

CIP（carriage and insurance paid to）运费/保险费付至目的地

DAT（delivered at terminal）目的地或目的港的集散站交货

DAP（delivered at place）目的地交货

DDP（delivered duty paid）完税后交货

第二组：适用于水上运输方式的术语四种： FAS、FOB、CFR、CIF。

FAS（free alongside ship）装运港船边交货

FOB（free on board）装运港船上交货

CFR（cost and freight）成本加运费

CIF（cost insurance and freight）成本、保险费加运费

国际贸易术语是一种将商业惯例反映在货物销售合同中的价格术语，其描述了涉及货物从卖方到买方交付过程中的买卖双方各自承担的主要责任、费用和风险。

2010 Incoterms 2010 in the income lessen over in the application, users should be explicit:

总结Incoterms 2010在销售合同中的应用，使用者应明确：对其合同的而言，此通则并不是自动适用的，具有任意性。

对于合同各方当事人意欲任何一种2010通则中的国际贸易术语适用其合同的情形，其应当在合同中清楚具体地订明，通过诸如“所用术语，选择于2010通则”等语句。此通则并不包含一整套的合同条款。

因此，比如，尽管通则中规定当何方当事人承担运费或作保险安排，什么时候卖方将货物交给买方以及各方当事人应承担何种费用，但是通则中并未涉及到有关货物价格和所有权，或者违反合同约定的后果等内容。这些问题通常是通过合同中相关明示条款或者专门管辖合同的法律来解决。同样地，当事人应当清楚当地强制性的法律较包括所选贸易术语在内的合同中的任何规定都具有优先权。选择适当特定的术语。

所选术语需要适合于标的货物，运输方式，而且最重要的是要适合于各方当事人是否有意将更多的责任赋予到卖方或买方，比如安排运输或保险的责任。每种术语的指南中包含一些特别有用的关于何时作出这些选择的信息。然而，包含在指南中的信息并不构成所选术语的一部分。只有各方当事人指定地点或港口，所选术语才形成有效的，而且指定的地点或港口越精确越奏效。

如以下的精确描述就是一个很好的例子：

“FCA(38 Cours Albert 1er, Paris, France)Incoterms 2010”.（2010通则FCA术语，法国巴黎，38 Cours Albert 1er）

指定地点是交货点，即风险转移给买方的点；但是在C组术语中，指定地点指的是运费已付的地点。为了更好避免疑问和争议，指定地点或目的地可以进一步阐述为一个精确的点。

2000通则和2010通则的主要区别一种新的术语——DPA

通则已经将13种不同的术语减为11种。这是由一种新的术语，DAP，地点交货，取代DAF，DES和DDU而实现的。所谓DAP术语，就像被取代的那些术语，是“实质性交货”术语，在将货物运至目的地过程中涉及的到所有费用和风险由卖方承担。此术语适用于任何运输方式，因此也适用于各种DAF，DES以及DDU以前被使用过的情形。11种贸易术语的分类

2000通则中的13种术语按术语缩写首字母分成四组，即，E组（EXW），F组，C组以及F组。这种分类反映了卖方对于买方的责任程度。FCA，或者适用国内贸易的EXW，利用交货的完成以及在尽可能早的时间把风险转移给买方从而赋予卖方最少的责任。相反地，D组术语，或者说“实质性交货”术语，利用交货的完成以及在尽可能晚的时间把风险转移给买方从而赋予卖方最多的责任。这种分类仍然很重要，尤其是在当事人对2010通则中的中11种贸易术语作出选择时。

然而，2010通则将这11种术语分成了截然不同的两类。

第一类包括那些适用于任何运输方式，包括多式运输的六种术语。EXW，FCA，CPT，CIP，DAP和DDP术语这类。这些术语可以用于没有海上运输的情形。但要谨记，这些术语能够用于船只作为运输的一部分的情形，只要卖方交货点，或者货物运至买方的地点，或者两者兼备，在船舷前面。

第二类，实际上包含了比较传统的只适用于海运或内河运输的5种术语。这类术语条件下，卖方交货点和货物运至买方的地点均是港口，所以“唯海运不可”就是这类术语标签。FAS，FOB，CFR，CIF和DEQ属于本类术语。国内和国际贸易术语

贸易术语在传统上被运用于表明货物跨越国界传递的国际销售合同。然而，世界上一些地区的大型贸易集团，像东盟和欧洲单一市场的存在，使得原本实际存在的边界通关手续变得不再那么有意义。因此，2010通则的编撰委员会认识到这些术语对国内和国际销售合同都是适用的；所以，2010通则在一些地方作出明确说明，只有在适用的地方，才有义务遵守出口/进口所需的手续。

两方面的发展使国际商会确信在这个方向上作一个改动是适时的。首先，一个强有力的证据就是事实上很多交易者将通则普遍运用于纯粹的内贸合同。另一个原因就是在美国人们更愿意选择通则而不是统一商法典装运和交货条款运用于国内贸易。使用指南

每一种2010通则中的术语在其条款前面都有一个使用指南。指南解释了每种术语的基本原理：何种情况应使用次术语；风险转移点是什么；费用在买卖是如何分配的。这些指南并不是术语正式规则的一部分：它们是用来帮助和引导使用者准确有效地为特定交易选择合适的术语。电子通讯

通则的早期版本已经对需要的单据作出了规定，这些单据可被电子数据交换信息替代。不过现在2010通则赋予电子通讯方式完全等同的功效，只要各方当事人达成一致或者在使用地是惯例。在2010的生命期里，这一规定有利于新的电子程序的演变发展。法|律教育网整理保险

2010通则是自全协会货物保险条款修改以来的第一个版本，这个最新版本在所修改内容中充分考虑了这些保险同款的变动。2010通则在涉及运输和保险合同的A3/A4条款中罗列了有关保险责任的内容，原本它们属于内容比较泛化而且有着比较泛化标题“其他义务”的A10/B10款。在这方面，为了阐明当事人的义务，对A3/A4款中涉及保险的内容作出修改。有关安全的核准书及这种核准书要求的信息

如今对货物在转移过程中的安全关注度很高，因而要求检定货物不会因除其自身属性外的原因而造成对生命财产的威胁。因此，在各种术语的A2/B2和A10/B10条款内容中包含了取得或提供帮助取得安全核准的义务，比如货物保管链。码头装卸费

按照“C”组术语，卖方必须负责将货物运输至约定目的地：表面上是卖方自负运输费用，但实际上是由买方负担，因为卖方早已把这部分费用包含在最初的货物价格中。运输成本有时包括货物在港口内的装卸和移动费用，或者集装箱码头设施费用，而且承运人或者码头的运营方也可能向接受货物的买方收取这些费用。譬如，在这些情况下，买方就要注意避免为一次服务付两次费，一次包含在货物价格中付给卖方，一次单独付给承运人或码头的运营方。2010通则在相关术语的A6/B6条款中对这种费用的分配作出了详细规定，旨在避免上述情况的发生。连串销售

在商品的销售中，有一种和直接销售相对的销售方式，货物在沿着销售链运转的过程中频繁地被销售好几次。在这种情况下，在一连串销售中间的销售商并不将货物“装船”，因为它们已经由处于这一销售串中的起点销售商装船。因此，连串销售的中间销售商对其买方应承担的义务不是将货物装船，而是“设法获取”已装船货物。着眼于贸易术语在这种销售中的应用，2010通则的相关术语中同时规定了“设法获取已装船货物”和将货物装船的义务。

术语的使用解释

2000通则中，按照镜像原则，A条款下反映的是卖方的义务，相应地，B条款下反映的是买方的义务。但是由于一些短语的使用贯穿整个文件，2010通则打算在其正文中对以下被列出来的词语不再作解释，以以下注解为准。

承运人：就2010通则而言，承运人是指签署运输合同的一方。

出口清关：遵照各种规定办理出口手续，并支付各种税费。法|律教育网整理

交货：这个概念在贸易法律和惯例中有着多重含义，但是2010通则中用其来表示货物缺损的风险从卖方转移到买方的点。

电子数据：由一种或两种以上的和相应纸质文件功效等同的电子讯息组成的的一系列信息。

„包装‟和„存放‟：这些短语被用于不同的目的：

1.遵照合同中所有的要求的货物包装。

2.使货物适合运输的包装。

3.已包装好的商品转载进货柜或其他运输工具。