2000年国际贸易术语解释通则》INCOTERMS2000（英文）
《2000年国际贸易术语解释通则》INCOTERMS2000（英文）
1. PURPOSE AND SCOPE OF INCOTERMS ………………………………………………………. 2. WHY REVISIONS OF INCOTERMS? …………………………………………………………….. 3. INCOTERMS 2000 …………………………………………………………………………………... 4. INCOPRORATION OF INCOTERMS INTO THE CONTRACT OF SALE ……………………… 5. THE STRUCTURE OF INCOTERMS ……………………………………………………………… 6. TERMINOLOGY ………………………………………………………………………………………. 7. THE SELLER\………………………………………………………. 8. PASSING OF RISKS AND COSTS RELATING TO THE GOODS ……………………………… 9. THE TERMS …………………………………………………………………………………………… 10. THE EXPRESSION \………………………………………………………….. 11. VARIANTS OF INCOTERMS ………………………………………………………………………. 12. CUSTOMS OF THE PORT OR OF A PARTICULAR TRADE …………………………………… 13. THE BUYER\………………………………… 14. CUSTOMS CLEARANCE …………………………………………………………………………… 15. PACKAGING ………………………………………………………………………………………….. 16. INSPECTION OF GOODS …………………………………………………………………………... 17. MODE OF TRANSPORT AND THE APPROPRIATE ……………………………………………… 18. THE RECOMMENDED USE …………………………………………………………………………. 19. THE BILL OF LADING AND ELECIRONIC COMMERCE ……………………………………….. 20. NON NEGOTIABLE TRANSPORT DOCUMENTS INSTEAD OF BILLS OF LADING ……….. 21. THE RIGHT TO GIVE INSTRUCTIONS TO THE CARRIER ………………………………………22. ICC ARBITRATION ……………………………………………………………………………………..
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2000年国际贸易术语解释通则》INCOTERMS2000（英文）
1.PURPOSE AND SCOPE OF INCOTERMS
The purpose of Incoterms is to provide a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree.
Frequently, parties to a contract are unaware of the different trading practices in their respective countries. This can give rise to misunderstandings, disputes and litigation, with all the waste of time and money that this entails. In order to remedy these problems, the International Chamber of Commerce first published in 1936 a set of international rules for the interpretation of trade terms. These rules were known as \1980, 1990 and presently in 2000 in order to bring the rules in line with current international trade practices.
It should he stressed that the scope of Incoterms is limited to matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of goods sold (in the sense of \not including \such as computer software).
It appears that two particular misconceptions about Incoterms are very common. First, Incoterms are frequently misunderstood as applying to the contract of carriage rather than to the contract of sale. Second, they are sometimes wrongly\for all the duties which parties may wish to include in a contract of sale.
As has always been underlined by ICC, Incoterms deal only with the relation between sellers and buyers under the contract of sale, and, moreover, only do so in some very distinct respects.
While it is essential for exporters and importers to consider the very practical relationship between the various contracts needed to perform an international sales transaction - where not only the contract of sale is required, but also contracts of carriage, insurance and financing: - Incoterms relate to only one of these contracts, namely the contract of sale.
Nevertheless, the parties\implications for the other contracts. To mention a few examples, a having agreed to a CFR or CIF - contract cannot perform such a contract by any other mode of transport than carriage by sea, since under these he must present a bill of lading or other maritime document to the buyer which is simply not possible if other modes of transport are used. Furthermore, -&c document required under a documentary credit would necessarily depend upon the means of transport intended to he used.
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2000年国际贸易术语解释通则》INCOTERMS2000（英文）
Second, Incoterms deal with a number of identified obligations imposed on the parties - such as the seller\them over for carriage or deliver them at destination and with the distribution of risk between the parties in these cases.
Further, they deal with the obligations to clear the goods for export and import, the packing of the goods, the buyer\to provide proof that the respective obligations have been duly fulfil1ed. Although Incoterms are extremely important for the implementation of the contract of sale, a great number of problems which may occur in such a contract are not dealt with at all, like transfer of ownership and other property rights. breaches of contract and the consequences following from such breaches m well as exemptions from liability in certain situations. It should be stressed that Incoterms are not intended to replace such contract terms that are needed for a complete contract of sale either by the incorporation of standard terms or by individually negotiated terms.
Generally,Incoterms do not deal with the consequences of breach of contract
and any exemptions from liability owing to various impediments. These questions must he resolved by other stipulations in tile contract of sale and tile applicable law.
Incoterms have always been primarily intended for use where goods are sold for delivery across national boundaries: hence, international commercial terms. However, Incoterms are in practice at times also incorporated into contracts for the sale of goods within purely domestic markets. Where Incoterms are so used, the A2 and B2 clauses and any other stipulation of other articles dealing with export and import do, of course, become redundant.
2. WHY REVISIONS OF INCOTERMS?
The main reason for successive revisions of Incoterms has been the need to adapt them to contemporary commercial practice. Thus, in the 1980 revision the term Free Carrier (now FCA) was introduced m order to deal with the frequent case where the reception point in maritime trade was no longer the traditional FOB ?point (passing of the ship\goods were stowed into a container for subsequent transport by sea or by different means of transport in combination (so ? called combined or multimodel transport).
Further, in the 1990 revision of Incoterms, the clauses dealing with the seller\obligation to provide proof of delivery permitted a replacement of paper documentation by EDI ? messages provided the parties had agreed to communicate electronically. Needless to say, efforts are constantly made to improve upon the drafting and presentation of Incoterms in order to facilitate their practical implementation.
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2000年国际贸易术语解释通则》INCOTERMS2000（英文）
3. INCOTERMS 2000
During the process of revision, which has taken about two years, ICC has done its best to invite views and responses to successive drafts from a wide ranging spectrum of world traders, represented as these various sectors are on the national committees through which ICC operates. Indeed, it has been gratifying to see that this revision process has attracted far more reaction from users around the world than any of the previous revisions of Incoterms. The result of this dialogue is Incoterms 2000, a version which when compared with Incoterms 1990 may apperar to have effected few changes. It is clear, however, that Incoterms now enjoy world wide recognition and ICC has therefore decided to consolidate upon that recognition and avoid change for its own sake. On the other hand,serious efforts have been made to ensure that the wording used in Incoterms 2000 clearly and accurately reflects trade practice. Moreover, substantive changes have been made in two areas:
the customs clearance and payment of duty obligations under FAS and DEQ; and the loading and unloading obligations under FCA. All changes, whether substantive or formal have been made on the basis of thorough research among users of Incoterms and particular regard has been given to queries received since 1990 by the Panel of Incoterms Experts, set up as an additional service to the users of Incoterms.
4. INCOPRORATION OF INCOTERMS INTO THE CONTRACT OF SALE
In view of the changes made to Incoterms from time to time, it is important to ensure that where the parties intend to incorporate Incoterms into their contract of sale, an express reference is always made to the current version of Incoterms. This may easily be overlooked when, for example, a reference has been made to an earlier version in standard contract forms or in order forms used by merchants. A failure to refer to the current version may then result in disputes as to whether the parties intended to incorporate that version or an earlier version as a part of their contract. Merchants wishing to use Incoterms 2000 should therefore clearly specify that their contract is governed by \
5. THE STRUCTURE OF INCOTERMS
In 1990, for case of understanding, the terms were grouped in four basically different categories: namely starting with the term whereby the seller only makes the goods available to the buyer at the seller\own premises (the \? term Ex works); followed by the second group whereby the seller is called upon to deliver the goods to a carrier appointed by the buyer (the \? terms FCA, FAS and FOB); continuing with the \? terms where the seller has to contract for carriage, but without assuming the risk of loss of or damage to the goods or additional costs due to events occurring after shipment and dispatch (CFR, CIF, CPT and CIP); and, finally, the
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2000年国际贸易术语解释通则》INCOTERMS2000（英文）
\? terms whereby the seller has to bear all costs and risks needed to bring the goods to the place of destination? (DAF, DES, DEQ, DDU and DDP). The following chart sets out this classification of the trade terms.
INCOTERMS 2000
Group E Departure
EXW Ex Works
( ... named place)
Group F
Main carriage unpaid
FCA Free Carrier
( ... named place)
FAS Free Alongside Ship
( ... named port of shipment)
FOB Free On Board
( ... named port of shipment)
Group C
Main carriage paid
CFR Cost and Freight
( ... named port of destination)
CIF Cost, Insurance and Freight
( . . . named place of destination)
CPT Carriage paid To
( ... named port of destination)
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