FOB貿易術語解釋中英文

1、FOB貿易術語解釋（中英文）FREE ON BOARD（ 、 named port of shipment）“ Free on Board means that the seller delivers when the goods pass the ships 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 FOBterm requires t

2、he 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 ships rail, the FCA term should he used、A THE SELLERS OBLIGATIONSB THE BUYERS OBLIGATIONSA1 Provision of goods in conformity with t

3、he contractThe seller must provide the goods and the commercial invoice, or its equivalent TOC o 1-5 h z 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 priceThe buyer must pay the price as provi

4、ded in the contract of sale、A2 Licences, authorisations and formalitiesThe seller must obtain at his own risk and expense any export licence or otherofficial authorisation and carry out, where applicable1 , all customs formalities necessary for the export of the goods、B2 Licences, authorisations and

5、 formalitiesThe 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 insuranceCon

6、tract of carriageNo obligation3Contract of insuranceNo obligation 4、Contract of carriage and insuranceContract of carriageThe buyer must contract at his own expense for the carriage of the goods from the named port of shipment 、Contract of insuranceNo obligation 、 5A4 DeliveryThe seller must deliver

7、 the goods on the date or within the agreed period at thenamed port of shipment and in the manner customary at the port on board the vessel nominated by the buyer 、Taking deliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A4 、A5 Transfer of risksThe se

8、ller 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 ships rail at the named port of shipment 、Transfer of risksThe buyer must bear all risks of loss of or damage to the goods from the time theyhave passed the ships rail

9、 at the named port of shipment; and frorn the agreeddate or the expiry date of the agreed period for delivery which arise because hefails to give notice in accordance with B7, or because the vessel nominated by himflails to arrive on time, or is unable to take the goods, or closes for cargo earlier

10、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 costsThe seller must, subject to the provisions of B6, pay all costs relatingto

11、the goodsuntil such time as they have passed the ships rail at the named port of shipment;and Where applicable6 , the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export、Division of costsThe buyer must pay all costs relating to the goo

12、ds from the time they have passedthe 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 unableto take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because t

13、he buyer has failed to give appropriate notice in accordancewith B7, provided, however, that the goods have been duly appropriated to thecontract, that is to say, clearly set aside or otherwise identified as the contract goods; and where applicable7,allduties, taxes and other charges as well as the

14、costsof carrying out customs formalities payable upon import of the goods and for their transit through any country 、A7 Notice to the buyerThe seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 、Notice to the buyerThe buyer must give the seller suff

15、icient notice of the vessel name, loading point and required delivery time 、A8 Proof of delivery, transport document or equivalent electronic messageThe seller must provide the buyer at the sellers expense with the usual proof ofdelivery in accordance with A4 、Unless the document referred to in the

16、preceding paragraph is the transport document, the seller must render the buyer, at the latters 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 docu

17、ment, or a multimodal transport document)、Where the seller and the buyer have agreed to communicate electronically, thedocument referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange (EDI) message 、Proof of delivery, transport document or equivalent elect

18、ronic message The buyer must accept the proof of delivery in accordance with A8、A9 Checking - packaging - markingThe 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 accord

19、ance 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 modali

20、ties, destination) are made known to the seller before the contract of sale is concluded、 Packaging is to be markedappropriately 、B9 Inspection of goodsThe buyer must pay the costs of any pre - shipment inspection except when such inspection is mandated by the authorities of the country of export、A1

21、0 Otber obligationsThe seller must render the buyer at the latters request, risk and expense, everyassistance 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 originwhich the buyer may require fo

22、r 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 obligationThe buyer must pay all costs and charges incurred in obtaining the documents orequivalent

23、 electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith、Refer to Introduction Paragraph14Refer to Introduction Paragraph14Refer to Introduction Paragraph10Refer to Introduction Paragraph10 5 Refer to Introduction Paragraph1

24、0 6 Refer to Introduction Paragraph14 7 Refer to Introduction Paragraph14一、對 FOB 術語的解釋FREE ON BOARD(、named port of shipment),即裝運港船上交貨 (指定裝運港)。此術語就是指賣方在約定的裝運港將貨物交到買方指定的船上。按照 2000 年通則規(guī)定,此術語只能適用于海運與內河航運。 但就是 ,如合同當事人不采用越過船舷交貨,則采用FCA 術語更為適宜。(一) 買賣雙方基本義務的劃分按國際商會對FOB 的解釋 ,買賣雙方各自承擔的基本義務。概括起來,可作如下劃分:方義務(1)在合

25、同規(guī)定的時間或期限內,在裝運港 ,按照習慣方式將貨物交到買方指派的船上 ,并及時通知買方。自負風險與費用,取得出口許可證或其她官方批準證件。在需要辦理海關手續(xù)時,辦理貨物出口所需的一切海關手續(xù)。負擔貨物在裝運港越過船舷為止的一切費用與風險;自付費用提供證明貨物已交至船上的通常單據(jù)。如果買賣雙方約定采用電子通訊,則所有單據(jù)均可被具有同等效力的電子數(shù)據(jù)交換(EDI) 信息所代替。2.買方義務自負風險與費用取得進口許可證或其她官方批準的證件。在需要辦理海關手續(xù)時,辦理貨物進口以及經(jīng)由她國過境的一切海關手續(xù),并支付有關費用及過境費 ;負責租船或訂艙,支付運費,并給予賣方關于船名、裝船地點與要求交貨時間

26、的充分的通知負擔貨物在裝運港越過船舷后的一切費用與風險;(4)接受賣方提供的有關單據(jù),受領貨物,并按合同規(guī)定支付貨款。(二) 1941 年美國對外貿易定義修訂本對FOB 的解釋1941 年美國對外貿易定義修訂本對 FOB 的解釋分為六種,其中只有 :指定裝運港船上交貨” (FOB Vessel,named port of shipment 與 ”) 2000 年通則對FOB 術語的解釋相近。所以 1941 年美國對外貿易定義修訂本 對 FOB 的解釋與運用 , 同國際上的一般解釋與運用有明顯的差異,這主要表現(xiàn)在下列幾方面:.美國慣例把FOB 籠統(tǒng)地解釋為在某處某種運輸工具上交貨,其適用范圍很廣, 因此,在同美國、加拿大等國的商人按FOB 訂立合同時,除必須標明裝運港名稱外,還必須在FOB 后加上船舶“(Vessel)樣。如果只訂為FOBSanFrancisco