PART
FCA FREE CARRIER (... named place)
"Free Carrier" means that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. It should be noted that the chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller's premises, the seller is responsible for loading. If delivery occurs at any other place, the seller is not responsible for unloading. This term may he used irrespective of the mode of transport, including multimodal transport.
"Carrier" means any person who, in a contract of carriage, undertakes to perform or to procure the performance of transport by rail, road, air, sea, inland waterway or by a combination of such modes.
If the buyer nominates a person other than a carrier to receive the goods, the seller is deemed to have fulfilled his obligation to deliver the goods when they me delivered to that person.
ATHE SELLER'S OBLIGATIONS
BTHE BUYER'S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
B1 Payment of price
The buyer must pay the price as providedin the contract of sale.
A2 Licenses, authorisations and formalities
The seller must obtain at his own risk and expense any export license or other official authorization and carry out, where applicable1, all customs formalities necessary for the export of the goods.
B2 Licenses, authorizations and formalities
The buyer must obtain at his own risk and expense any import license or other official authorization and carry out, where applicable2, all customs formalities for the import of the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation3. 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 con tract and, if he does, shall Promptly notify the buyer accordingly.
b) Contract of insurance
No obligation4
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named place, except when the contract of carriage, is made by the seller as provided for in A3 a).
b) Contract of insurance
No obligation5.
A4 Delivery
The seller must deliver the goods to the carrier or another person nominated by the buyer, or chosen by the seller in accordance with A3 a), at the named place on the date or within the period agreed for delivery.
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 carrier nominated by the buyer or another person acting on his behalf.
b) If the named place is anywhere other than a), when the goods are placed at the disposal of' the carrier or another person nominated by the buyer, or chosen by the seller in accordance with A3 a) on the seller's means of transport not unloaded.
If no specific point has been agreed within the named place, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose.
Failing precise instructions from the buyer, the seller may deliver the goods for carnage m such a manner as the transport mode and/or the quantity and/or nature of the goods may require.
B4 Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss or damage to the goods until such time as they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods
from the time they have been delivered in accordance with A4; and
from die agreed date or the expiry date of any agreed period for delivery which arise either because he fails to nominate the carrier or another person in accordance with A4, or because the carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because the buyer fails to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
A6 Division of costs
The seller must, subject to tile provisions of B6, pay
all costs relating to the goods until such time as they have been delivered in accordance with A4; and
where applicable6, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export.
B6 Division of costs
The buyer must pay
all costs relating to the goods from the time they have been delivered in accordance with A4;and
any additional costs incurred, either because he fails to nominate the carrier or another person in accordance with A4 or because the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because he has failed to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and
where applicable7, all duties, taxes and other charges well as die costs of carrying out customs formalities payable upon import of die goods and for their transit through any country.
A7 Notice to the buyer
The seller must the buyer sufficient notice that the goods have been delivered in accordance with A4, Should the carrier fail to take delivery in accordance with A4 at the time agreed, the seller must notify the buyer accordingly.
B7 Notice to the seller
The buyer must give the seller sufficient notice of the name of the party designated in A4 mid, where necessary. specify the. mode of transport, as well as the date or period for delivering the goods to him and, as the case may be, the point within the place where the goods should be. delivered to that party.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller's expense.with the usual proof of delivery, of the goods in accordance with A4.
Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer at the latter's request, risk and expense, every assistance in obtaining a transport document for the contract of carriage (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document).
When the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may he replaced by an equivalent electronic data interchange (ED1) message.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery in accordance with A8.
A9 Checking -packing-marking
The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.
The seller must provide at his own expense packaging (unless it is usual for the particular trade to send the goods of the contract description unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (for example modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to he marked appropriately.
B9 Inspection of goods
The buyer must pay the costs of any pre shipment inspection except when such inspection is mandated by the authorities of the country of export.
A10 Other obligations
The seller must render the buyer at the latter' s request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of delivery and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must provide the buyer, Upon request, with the necessary information for procuring insurance.
B10 other obligations
The buyer must, pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith and in contracting for carriage in accordance with A3 a) .
The buyer must give the seller appropriate instructions whenever the seller's assistance in contracting for carriage is required in accordance with A3 a).
FOB FREE ON BOARD(... named place)
"Free on Board" means that the seller delivers when the goods pass the ship's rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. The FOB term requires the seller to clear the goods for export. This term can be used only for sea or inland waterway transport. If the parties do not intend to deliver the goods across the ship's rail, the FCA term should be used.
ATHE SELLER'S OBLIGATIONS
BTHE BUYER'S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity winch may be required by the contract.
B1 Payment of the price
The buyer must pay the price as provided in the contract of sale.
A2 Licences, authorisations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicable1, all customs formalities necessary for the export of the goods.
B2 Licences, authorisations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable2, all customs formalities for the import of the goods and, where necessary, for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation3
b) Contract of insurance
No obligation 4.
B3 Contract of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named port of shipment.
b) Contract of insurance
No obligation.5
A4 Delivery
The seller must deliver the goods on the date or within the agreed period at the named port of shipment and in the manner customary at the port on board the vessel nominated by the buyer.
B4 Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship's rail at the named port of shipment.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods
from the time they have passed the ship's rail at the named port of shipment; and
from the agreed date or the expiry date of the agreed period for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him flails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
all costs relating to the goods until such time as they have passed the ship's rail at the named port of shipment; and
where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export.
B6 Division of costs
The buyer must pay
all costs relating to the goods from the time they have passed the ship' s rail at the named port of shipment; and
any additional costs incurred, either because the vessel nominated by him fails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because the buyer has failed to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and
where applicable7,all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4.
B7 Notice to the buyer
The buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller's expense with the usual proof of delivery in accordance with A4.
Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer, at the latter's request, risk and expense, every assistance in obtaining a transport document for the contract of carriage (for example, a negotiable bill of lading, a non -negotiable sea waybill, an inland waterway document, or a multimodal transport document).
Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange (EDI) message.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery in accordance with A8.
A9 Checking - packaging - marking
The seller must pay the costs of those checking operations ( such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.
The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (for example modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately.
B9 Inspection of goods
The buyer must pay the costs of any pre - shipment inspection except when such inspection is mandated by the authorities of the country of export.
A10 Other obligations
The seller must render the buyer at the latter's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted m the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance.
B10 Other obligation
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
CIF COST, INSURANCE AND FREIGHT (... named port of destination)
"Cost, Insurance and Freight" means that the seller delivers when the goods pass the ship's rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the pods to the named port of destination BUT the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. However, in CIF the seller also has to procure marine insurance against the buyer's risk of loss of or damage to the goods during the carriage.
Consequently, the seller contracts for insurance and pays the insurance premium. The buyer should note that under the CIF term the seller is required to obligation insurance only on minimum cover1. Should the buyer wish to have the protection of greater cover, he would either need to agree as such expressly with the seller or to make his own extra insurance arrangements.
The CIF term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the parties intend to deliver the goods across the ship's rail, the CIP term should be used.
ATHE SELLER'S OBLIGATIONS
BTHE BUYER'S OBLIGATIONS
A1 Provision of goods In conformity with the contract
The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
B1 Payment of the price
The buyer must pay the price as provided in the contract of sale.
A2 Licences, authorisation and formalities
The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicalbe2, all customs formalities necessary for the export of the goods.
B2 Licences, authorisation and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable3, all customs formalities for the import of the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as the case may be) of the type normally used for the transport of goods of the contract description.
b) Contract of insurance
The seller must obtain at his own expense cargo insurance as agreed in the contract, such dud the buyer, or any other person having an insurable interest in the goods, shall be entitled to claim directly from the insurer and provide the buyer with the insurance policy or other evidence of insurance cover.
The insurance shall be contracted with underwriters or an insurance company of good repute and, failing express agreement to the contrary, be m accordance with minimum cover of the Institute Cargo Clauses (Institute of London Underwriters) or any similar set of clauses. The duration of insurance cover shall, be in accordance with B5 and B4. When required by the buyer, the seller shall. provide at the buyer's expense war, strikes, riots and civil commotion risk insurances if procurable. The minimum insurance shall, cover the price provided in the contract plus ten per cent (i.e. 110%) and shall he provided in the currency of the contract.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation4.
b) Contract of insurance
No obligation5.
A4 Delivery
The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.
B4 Taking delivery
The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive than from the carrier at the trans port of destination.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of/ or damage to the goods until such tune as they have passed the ship's rail at the port of shipment.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship' s rail at the port of shipment.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
all costs relating to the goods until such time as they have been delivered in accordance with A4; and
the freight and all other costs resulting from A3 a) , including the costs, of loading the goods on board;
and the costs of insurance resulting from A3 b); and
any charges for unloading at the agreed port of discharge which were for the seller's account under the contract Of carriage; and
where applicable6, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export, and for their transit through any country if they were for the seller' s account under the contract of carriage.
B6 Division of costs
The buyer must, subject to the provisions of A3, pay
all costs relating to the goods from the time they have been delivered in accordance with A4; and
all costs and charges relating to the goods whilst 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; and
unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller's account under the contract of carriage; and
all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for shipment, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and
where applicable7 , all duties, taxes and other charges as well as die costs of carrying out customs formalities payable upon import of the goods and, where necessary, for their transit through any country less included within the cost of the contract of carriage.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must, at his own expense, provide the buyer without delay with the usual transport document for the agreed port of destination.
This document (for example a negotiable bill of lading, a non-negotiable sea waybill or an inland waterway document) must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer (the negotiable bill of lading) or by notification to the carrier.
When such a transport document is issued in several originals, a full set of originals must be presented to the buyer.
Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraphs may he replaced by an equivalent electronic data interchange (EDI) message.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
A9 Checking-packaging-marking
The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.
The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description packed) which is required for the transport of the goods arranged by him. Packaging is to he marked appropriately.
B9 Inspection of goods
The buyer must pay the costs of any pre-shipment inspection except when such inspection is mandated by the authorities of the country of export.
A10 Other obligations
The seller must render the buyer at the latter's request, risk and expense, every assistance m obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring any additional insurance.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
The buyer must provide the seller, upon request, with the necessary information for procuring insurance.
CFR COST AND FREIGHT (... named port of destination)
"Cost and Freight means that the seller delivers when the goods pass the ship' s rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the goods to the paned port of destination BUT the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, we transferred from the seller to the buyer.
The CFR term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the parties do not intend to deliver the goods across the ship's rail, the CPT term should be used.
ATHE SELLER'S OBLIGATIONS
BTHE BUYER'S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may he required by the contract.
B1 Payment of the price
The buyer must pay the price as provided in the contract of sale.
A2 Licences, authorisations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicable A1, all customs formalities necessary for the export of the goods.
B2 Licences, authorisations am formalities
The buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable B2, A customs formalities for the import of the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as the case may be) of the type normally used for the port of goods of the contract description.
b) Contract of insurance
No obligation 3.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation.
A4 Delivery
The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.
B4 Taking delivery
The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the earner at the named port of destination.
A5 Transfer Of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship's rail at the port of shipment.
B5 Transfer Of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship's rail at the port of shipment.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment provided, however, that the goods that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
all costs relating to the goods until such time as they have been delivered in accordance with A4;
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 which were for the seller's account under the contract of carriage; arid, where applicable6, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export, and for their transit through any country if they were for the seller's account under the contract of carriage.
B6 Division of costs
The buyer must, subject to the provisions of A3 a), pay
all costs relating to the 90OCIS from the tune they have been delivered in accordance with A4; and
all costs and charges relating to the goods whilst 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; and
unloading costs including lighterage and wharfage charges, unless such costs and charges were for the seller's account under the contract of carriage; and
all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for shipment, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and
where applicable7 , all duties, taxes and other charges as well as the costs Of carrying Out customs formalities payable upon import of the goods and, where necessary, for their transit through any country less included within the cost of the contract of damage.
A7 Notice the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must at his own expense provide the buyer without delay with the usual transport document for the agreed port of destination.
This document (for example a negotiable bill of lading, a non-negotiable sea waybill Or an inland waterway document) must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer (the negotiable bill of lading) or by notification to the carrier.
When such a transport document is issued in several originals, a full set of originals must be presented to the buyer.
Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraphs may he replaced by an equivalent electronic data interchange (EDI) message.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
A9 Checking-packing-marking
The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.
The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description packed) which is required for the transport of the goods arranged by him. Packaging is to he marked appropriately.
B9 Inspection of goods
The buyer must pay the costs of any pre shipment inspection except when such inspection is mandated by the authorities of the country of export.
A10 Other obligations
The seller must render the buyer at the latter' s request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic message mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
基本情況
宗旨和範圍
《國際貿易術語解釋通則》（以下稱Incoterms）的宗旨是為國際貿易中最普遍使用的貿易術語提供一套解釋的國際規則 ，以避免因各國不同解釋而出現的不確定性，或至少在相當程度上減少這種不確定性。
契約雙方當事人之間互不了解對方國家的貿易習慣的情況時常出現。這就會引起誤解、爭議、和訴訟，從而浪費時間和費用。為了解決這些問題，國際商會（ICC）於1936年首次公布了一套解釋貿易術語的國際規則，名為Incoterms 1936，以後又於1953年、1967年、1976年、1980年和1990年，在2000年版本中做出補充和修訂，以便使這些規則適應當前國際貿易實踐的發展。
需要強調的是，Incoterms涵蓋的範圍只限於銷售契約當事人的權利義務中與已售貨物（指"有形的"貨物，不包括"無形的"貨物，如電腦軟體）交貨有關的事項。
關於Incoterms，看來有兩個非常普遍的特別誤解。一個是常常認為Incoterms適用於運輸契約而不是銷售契約。第二個是人們有時錯誤地以為它規定了當事人可能希望包含在銷售契約中的所有責任。
首先，正如ICC一貫強調的那樣，Incoterms只涉及銷售契約中買賣雙方的關係，而且，只限於一些非常明確的方面。
對進口商和出口商來講，考慮那些為完成國際銷售所需要的各種契約之間的實際關係當然時非常必要的。完成一筆國際貿易不僅需要銷售契約，而且需要運輸契約、保險契約和融資契約，而Incoterms只涉及其中的一項契約，即銷售契約。
雖然如此，當雙方當事人同意使用某一個具體的貿易術語時，將不可避免地對其他契約產生影響。舉例說明，賣方同意在契約中使用CFR和CIF術語時，他就只能以海運方式履行契約，因為在這兩個術語下他必須向買方提供提單或其他海運單據，而如果使用其他運輸方式，這些要求是無法滿足的。而且，跟單信用證要求的單據也必然將取決於準備使用的運輸方式。
其次，Incoterms涉及為當事方設定的若干特定義務，如賣方將貨物交給買方處置，或將貨物交運或在目的地交貨的義務，以及當事雙方之間的風險劃分。
另外，Incoterms涉及貨物進口和出口清關、貨物包裝的義務，買方受領貨物的義務，以及提供證明各項義務得到完整履行的義務。儘管Incoterms對於銷售契約的執行有著極為重要的意義，但銷售契約中可能引起的許多問題卻並未涉及，如貨物所有權和其他產權的轉移、違約、違約行為的後果以及某些情況下的免責等。需要強調的是，Incoterms無意取代那些完整的銷售契約所需訂入的標準條款或商定條款。
通常，Incoterms不涉及違約的後果或由於各種法律阻礙導致的免責事項，這些問題必須通過銷售契約中的其他條款和適用的法律來解決。
Incoterms一直主要用於跨國境的貨物銷售交付，因此，它是一套國際商業術語。然而，有時Incoterms也被用於純粹國內市場的貨物銷售契約中。在此情況下，Incoterms中的A2、B2以及任何與進出口有關的條款當然就變成多餘了。二.為什麼需要對國際貿易術語解釋通則進行修訂？ 連續修訂Incoterms的主要原因是使其適應當代商業的實踐。1980年修訂本引入了貨交承運人（FCA）術語，其目的是為了適應在海上運輸中經常出現的情況，即交貨點不再是傳統的FOB點（貨物越過船舷），而是在將貨物裝船之前運到陸地上的某一點，在那裡將貨物裝入貨櫃，以便經由海運或其他運輸方式（即所謂的聯合或多式運輸）繼續運輸。
在1990年的修訂本中，涉及賣方提供交貨憑證義務的條款在當事方同意使用電子方式通訊時，允許用電子數據交換（EDI）訊息替代紙面單據。毫無疑問，為了使Incoterms更利於實物操作，其草擬和表述一直都在改進。
Incoterms的結構
1990年，為了便於理解，將所有的術語分為4個基本不同的類型。第一組為"E"組（EX WORKS），指賣方僅在自己的地點為買方備妥貨物；第二組"F"組（FCA、FAS和FOB），指賣方需將貨物交至買方指定的承運人；第三組"C"組（CFR、CIF、CPT和CIP），指賣方須訂立運輸契約，但對貨物滅失或損壞的風險以及裝船和啟運後發生意外所發生的額外費用，賣方不承擔責任；第四組"D"組（DAF、DES、DEQ、DDU和DDP），指賣方須承擔把貨物交至目的地國所需的全部費用和風險。下表反映了這種分類方法：
2000年國際貿易術語解釋通則
E組（發貨）
EXW 工廠交貨（……指定地點）
F組（主要運費未付）
FCA 貨交承運人（……指定地點）
FAS 船邊交貨（……指定裝運港）
FOB 船上交貨（……指定裝運港）
C組（主要運費已付）
CFR 成本加運費（……指定目的港）
CIF 成本、保險費加運費付至（……指定目的港）
CPT 運費付至（……指定目的港）
CIP 運費、保險費付至（……指定目的地）
D組（到達）
DAF 邊境交貨（……指定地點）
DES 目的港船上交貨（……指定目的港）
DEQ 目的港碼頭交貨（……指定目的港）
DDU 未完稅交貨（……指定目的地）
DDP 完稅後交貨（……指定目的地）
與Incoterms 1990相同，在Incoterms 2000中，所有術語下當事人各自的義務均用10個項目列出，賣方在每一項目中的地位"對應"了買方在同一項目中相應的地位。
Incoterms 2000
在為期兩年的修訂過程中，ICC盡其最大努力通過ICC各國家委員會吸取了各行業國際貿易從業者的意見和建議，完成了修訂稿的多次修改。令人高興的是，在Incoterms的這次修訂期間，ICC從全世界使用者得到的反饋意見超過了以往任何一次。ICC與Incoterms的使用者之間交流的結果產生了Incoterms 2000這個版本，與Incoterms 1990相比看上去變化很小。原因很明顯，即Incoterms當前已得到世界承認，所以ICC決定鞏固Incoterms在世界範圍內得到的承認，並避免為了變化而變化。另一方面，在修訂過程中，ICC儘量保證Incoterms 2000中的語言清楚準確地反映出國際貿易實務。新的版本在下面兩個方面作出了實質性改變：
在FAS和DEQ術語下，辦理清關手續和交納關稅的義務；
在FCA術語下裝貨和卸貨的義務。
無論是實質變化還是形式變化都是在對Incoterms的使用者廣泛調查的基礎上作出的，而且對1990年以來Incoterms專家小組（專門為Incoterms使用者提供額外服務的機構）受到的諮詢意見給予了充分考慮。
契約訂入
鑒於Incoterms不時修訂，所以，如果契約當事方意圖在銷售契約中訂入Incoterms時，清楚地指明所引用的Incoterms版本是很重要的。人們很容易忽略這一點，例如當在標準契約或訂貨單中引用了早期版本時，未能引用最新版本，可能會對當事方的意圖是在契約中引用新版本還是早期版本引起糾紛。希望使用Incoterms 2000的商人，應在契約中明確規定該契約受Incoterms 2000的約束。
