國際貿(mào)易ppt課件(完整版)

1、 CHAPTER 1 INTERNATIONAL TRADE TERMS（國際貿(mào)易術(shù)語） INCOTERMS 2010 （2010年國際貿(mào)易術(shù)語解釋通則） FOB, CFR and CIF FCA, CPT and CIP Other Trade Terms （EXW, FAS, DAP, DAT and DDP） Shipment contract and Choice of Trade Terms1 INCOTERMS 2010 2010年國際貿(mào)易術(shù)語解釋通則Role of trade terms A trade term is a combination of letters or wo

2、rds, which specifies certain obligations within international contract, for example, FOB or Free On Board.A trade term embraces three basic elements: Transfer of risks. Transfer of obligations. Division of costs. INCOTERMS 2010The International Chamber of Commerce first published in 1936 a set of in

3、ternational rules for the interpretation of trade terms, known as INCOTERMS 1936. Amendments and additions in 1953, 1967, 1976, 1980, 1990, 2000 and presently in 2010. INCOTERMS 2010 came into force on Jan. 1, 2010. Other standard rules on trade terms Warsaw-Oxford Rules 1932 (W.O. Rules, 1932) Rule

4、s for CIF contracts drafted at a conference of the International Law Association in Warsaw and adopted in Oxford on 12 August 1932.The Revised American Foreign Trade Definitions 美國對外貿(mào)易定義修正本 Emerged in USA in 1919 and were revised in 1941 and in 1990 respectively. Scope of INCOTERMSDEAL WITHSellers o

5、bligation: place the goods at the disposal （處置）of the buyer;Distribution of risk between the parties;Obligations to clear the goods for export and import;Obligation to provide proof that the respective obligations have been duly fulfilledBuyers obligation to take delivery. Scope of INCOTERMS NOT DEA

6、L WITHTransfer of ownership and other property rights;Breaches of contract and the consequences following from such breaches; Exemptions from liability in certain situations. Status of INCOTERMSNo status at law unless there is specific legislation providing for them, or unless they are confirmed by

7、court decisions. Parties who adopt the INCOTERMS should make sure they express their acceptance clearly. For example, FOB Liverpool INCOTERMS 2000. Legally binding upon all parties. Parties should be wary (謹(jǐn)慎的) about making additions or varying （改變） the meaning of any particular term.Features of INC

8、OTERMS 2010 DAT and DAP replaces DAF, DES, DEQ and DDU.Classification of the 11 terms Class I: for any mode or modes of transport. EXW, FCA, CPT, CIP , DAT, DAP and DDP Class II: for sea or inland waterway transport. FAS, FOB, CFR and CIFTerms for domestic and international trade2 FOB, CFR and CIFFO

9、B Free on Board (named port of shipment) 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.FOB Singapore: buyer names the ship that will accept delivery in Singapore, seller clears the goods for export. M

10、aritime trade term, for ocean or inland waterway transport. FOB Variants In charterparties (租船合同)， clarify the division of loading cost. FOB Liner Terms （班輪條件）. The buyer bears the loading cost.FOB Under Tackle（吊鉤下交貨）. The buyer bears the loading cost.FOB Stowed (理艙). The seller bears the loading co

11、st including stowing cost.FOB Trimmed （平艙）. The seller bears the loading cost including trimming cost.FOB Stowed and Trimmed. The seller bears the loading cost including both stowing and trimming cost.FOB in the Revised American Foreign Trade Definitions 1990Six FOBs, only FOB vessel (named port of

12、shipment) similar to the FOB in INCOTERMS 2000. FOB vessel: buyer pays export taxes, other fees or charges levied because of exportation, obtains documents for the purposes of exportation and be responsible for any loss or damage, or both after goods have been loaded on board the vessel. If the buye

13、r not prepared to carry out export clearance, “The seller must obtain at his own risk and expense any export license or other official authorization and carry out customs formalities necessary for the export of the goods” be stipulated.CFR Cost and Freight (named port of destination)The seller payS

14、the cost and freight necessary to bring the goods to the named port of destination. CFR V.S. FOB: Seller responsible for arranging the ship.Formerly C&F.Port of destination (discharge) be indicated after the acronym CFR, for example, CFR Karachi. For ocean or inland waterway transport only. Shipping

15、 advice under CFRUnder CFR, this is particularly important. As under CFR, the buyer must take risks for a period of carriage during which the buyer has no means of controlling or limiting those risks. The carrier used, the costs incurred for carriage and the timing of the carriage are all under the

16、sellers control. The shipping advice sent plays an important role, which is to inform the buyer to take out (辦理) insurance promptly. Othterwise, seller will have to bear the risks of loss of or damage to the goods incurred in transit. CFR VariantsTo specify the division of unloading cost.CFR Liner T

17、erms. Seller bearsCFR Ex Ships Hold. Buyer bears.CFR Landed. Seller bears.CFR Ex Tackle. Buyer bears. Clarify whether the variants only mean the unloading cost or both the cost and risks.CIFCost, Insurance and Freight (named port of destination)CIF: CFR with the inclusion of insurance. Cautions and

18、notes with CFR equally apply to CIF.Seller pays the cost and freight.CIF V.S. CFR: Seller effects insurance and pays the corresponding premium (Insurance covers minimum conditions).Most important and commonly used term. 3 FCA, CPT and CIP FCA Free Carrier (named place)Seller delivers the goods, clea

19、red for export, to the carrier nominated by the buyer at the named place. Carrier: actual or contractual carrier, e.g. a freight forwarder or multi-transport operator, an airline or shipping line. Delivery at the sellers premises, the seller responsible for loading. Delivery at any other place, the

20、seller not responsible for unloading. CPTCarriage paid to (named place of destination)Seller delivers the goods to the carrier nominated by him and pay the cost of carriage. Place of destination (discharge) is indicated after the acronym CPT, for example, CPT Los Angeles. Responsibility for freight

21、only transfers when the goods arrive at the stated place where carriage is “paid to .All modes of transport including multimodal transport. CIP Carriage and Insurance Paid to (named place of destination) CIP: CPT with the inclusion of insurance. Cautions and notes with CPT equally apply to CIP.4 Oth

22、er Trade TermsEXW Ex Works (named place)Delivers when it places the goods at the disposal of the buyer at the sellers premises or another named place (i.e. works, factory, warehouse, etc.), not cleared for export and not loaded on any collecting vehicle. Minimum obligation for the seller.Named place

23、 (sellers premises) after the acronym EXW, for example EXW Kobe.Used when the buyer cannot carry out the export formalities directly or indirectly. FAS Free Alongside Ship (named port of shipment) Seller delivers when the goods are placed alongside the vessel at the named port of shipment. Buyer bea

24、rs all costs and risks of loss of or damage to the goods from that moment.Seller clears the goods for export. For sea or inland waterway transportation.Port of origin (loading) after the acronym FAS, for example FAS New York and FAS Bremen.DATDelivered At Terminal (. named terminal at port or place

25、of destination) 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: any placesuch as a quay, warehouse, container yard or road, rail or air cargo terminal. Seller

26、 clears the goods for export No obligation to clear the goods for import Any mode of transport or more than one mode of transport DAPDelivered At Place (. named place of destination) At the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination

27、. Seller bears all risks involved in bringing the goods to the named place. Specify clearly the point within the agreed place of destination. Seller clears the goods for export. No obligation to clear the goods for import.DAP requires the seller to clear the goods for export, where applicable. Howev

28、er, 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.DDPDelivered Du

29、ty Paid (. named place of destination) 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. Seller bears all the costs and risks involved in bringing the goods to

30、 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. Maximum obligation for the sellerDAP requires the seller to clear the goods for export, where applicable. H

31、owever, 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.5 Shipment

32、Contract and Choice of Trade TermsShipment contract Delivery obligation is extended to the country of destination. Arrival Contracts. D-Terms. Delivery obligation is by handing over the goods to the carrier for shipment. Shipment Contracts, C-TermsSeller should not (could not), without changing the

33、very nature of the C-terms, undertake any obligation with respect to the arrival of the goods at destination, since the risk of any delay during the carriage is borne by the buyer. “shipment (dispatch) not later than.”. An agreement for example, “CFR Hamburg not later than.” : different possible int

34、erpretations. Arrive at Hamburg at the specified date? Then contract is an arrival contract. Choice of trade termsVarious factors: Ability of the parties to obtain the most favorable contract of carriage or insurance, the type of cargo, and the buyers intention to sell the goods in transit, etc.Sell

35、er can procure marine insurance at a competitive price; government regulations require to use national shipping lines, USE CFR or CIF. Buyer can procure insurance at a competitive rate, use FAS or FOB. Exporters of manufactured goods often sell on extended terms using DAT and DDP to remain competiti

36、ve.Large buyers may prefer to arrange for transportation in order to ensure just-in-time deliveries. CHAPTER 2 QUALITY, QUANTITY, PACKING AND PRICING Quality Quantity Packing Pricing1 QualityName of commodityUsing a proper name for the traded good is significant in that it helps to avoid confusion,

37、reduce customs duties or save freight. Currently businessmen usually nominate traded goods with names complying with the Harmonized Commodity Description and Coding System (HS) of tariff nomenclature. HS is an internationally standardized system of names and numbers for classifying traded products.

38、It is developed and maintained by the World Customs Organization (WCO) (formerly the Customs Co-operation Council)2. Methods of expressing quality of commoditySale as seen Sale by sample Sale by description Sale by specifications Sale by grade Sale by standard Sale by brand and trade mark Sale by na

39、me of origin Sale by descriptions and illustrations Sale as seen A sale is made on the basis that the buyer has inspected the goods and is buying them as a result of this inspection.This method is of special necessity for particular goods such as ornaments, jewels, paintings, artworks, etc. In many

40、cases, the buyer may be advised to arrange for inspection of the goods before or at the time they are handed over by the seller for carriage. (2) Sale by sample Garments, light industry products, and agricultural native products are generally sold by samples. Counter sample: a reproduced product for

41、 buyers confirmation Sealed sample: This sealed sample is for checking the quality of the delivered goods in the future. Reference sample: When sale is made by description, either the seller or the buyer may send a sample to the other party to let it know more clearly about the products. This sample

42、 is often marked “for reference only”. It is not the basis for delivery.(3) Sale by description Sale by specifications Specifications refer to indices relating to chemical composition, contents, length, and size of a product. Simple and accurate. For example, Printed Shirting “Jumping Fish” Yarn cou

43、nts 3036 No. of threads/inch 7269 Width (inch) 35/36 Sale by grade Products can be divided into different grades based on different specifications. e.g. Fresh Hen Eggs, shell light brown and clean, even in size Grade AA: 60-65gm per egg Grade A: 55-60gm per egg Grade B: 50-55gm per egg Grade C: 45-5

44、0gm per egg Sale by standard A standard is an established norm or requirement. It is usually a formal document that establishes uniform engineering or technical criteria, methods, processes and practices. International standards like ISO standard, national standards like BS in Britain, ANSI in the U

45、SA and JIS in Japan. When sale is made by standard, it is important to mark the publication year of the standard. For example. Rifampicin B.P.1993. (Note: B.P.: British Pharmacopoeia) Sale by brand and trade mark Brand is the name, term, symbol, or design or a combination of these to identify a prod

46、uct. Trade mark is a legal term. It includes all those words, symbols, or marks that are legally registered for use by a single company, printed on the commodity or its packing.Example: The Buick car is branded under the brand name Buick. When Buick is printed in a certain kind of script, however, i

47、t becomes a trade mark. Sale by name of origin Some products are well known by the place of origin, they would be more welcomed whenever their places of origin are mentioned. Thus, the place of origin may signify the quality of a product. In concluding a sales contract, traders like to mention the p

48、laces of origin of these products to indicate their qualities. Sale by descriptions and illustrations Machinery, instruments, equipments, etc. have complex structure. Sale by descriptions and illustrations is applicable. In the contract, the clause of quality contains not only the name of commodity,

49、 the brand but also the instructions to illustrate the structure and functions of the product. Clauses like “quality and technical data to be strictly in conformity with the description submitted by the seller” are to be stipulated.3. Quality clause in the contract Description or sample used separat

50、ely or together to describe quality, depending on the product features.Flexible clauses (1) “The quality of the goods shipped to be about equal to the sample” may be stipulated. (2) Flexible quality range for some primary products Range: e.g. Printed Shirting “Jumping Fish” Yarn counts 30 x36 No. of

51、 threads/inc 72x69 Width (inch) 35/36 Allowing more or less Example: Duck feather: down content 18%, allowing 1% more or less Max. & min. Example, Fish Meal Protein 55% Min. Fat 9% Max. Moisture 11% Max. Salt 4% Max. Sand 4% Max.(3) Quality toleranceIt is not uncommon that some industrial products s

52、uch as instruments, mechanical products have some tolerances permissible variation in quality. When the quality difference is within the flexible range, the price of the product may not be adjusted. However, if the difference greatly influences the quality, the price is normally increased or reduced

53、 accordingly. For example, soybean, if the oil content of the goods shipped is 1% higher, the price will be accordingly increased by 2%. 2 Quantity1. The system of weights and measures A set of units which can be used to specify anything which can be measured. Metric systemAn international decimalis

54、ed system of measurement, first adopted by France in 1791. Fundamental units: kilogram (kg.), meter (m.), square meter (sq. m.) and litre (l.). Some other derived units are metric ton (M/T), kilometer (km.) and so on. This system is widely used by European continent and many other countries.(2) Inte

55、rnational system of unitsSince the 1960s, the international system of units has been the internationally recognised standard metric system. The International System is called the SI, using the first two initials of its French name Systme International dUnits. This system is published by internationa

56、l standard metrical organization, and is based on the metric system. Fundamental units include kilogram, meter, second, etc. SI is the official system of measurement for most nations including China. (3) British system (also called British imperial units) Mostly used in the British Commonwealth and

57、the former British Empire but in most Commonwealth countries they have been largely supplanted by the metric system. The units are still used for some applications in the United Kingdom but have been mostly replaced by the metric system in commercial, scientific, and industrial applications. (4) Ame

58、rican system Most commonly used system of measurement in the United States. A number of differences between the imperial and US system:Imperial system: a long ton (L/T) of 2240 pounds (lb.) The American system: a short ton of 2000 pounds (lb.). Six U.S. gallons are a little less than five Imperial g

59、allons.1 Metric Ton = 1000 kilograms1 Short Ton = 907 kilograms1 Long ton = 1010 kilograms2. Quantity units Two categories of units which are used to show the quantity of commodity in international trade. Metrical units, including weight, length, area, volume and capacity; Numbers including some cus

60、tomary units such as dozen, gross (羅), great gross, ream (令), and some packing units like barrel (桶) (for petroleum, oil), bale (包) (for cotton), etc.3. Methods for calculating weight (1) Net weight. The weight of the product itself. Weight is calculated by net weight unless otherwise stated in the