7第七章国际贸易术语与国际贸易惯例综述.pptVIP

The Seller’s Obligations 卖方义务 Transfer of risks 风险转移 Allocation of costs 费用划分 Notice to the buyer 通知买方 Delivery document 交货凭证 Checking-packaging-marking 查对-包装-标记 Assistance with information and related costs 协助提供信息及相关费用 The Buyer’s Obligations 买方义务 The buyer must pay the price of the goods as provided in the contract of sale. The buyer must provide assistance to the seller, at the seller’s request, risk and expense, in obtaining any import license or other official authorization for the import of the goods. Contract of carriage 关于运输 Contract of Insurance关于保险 The Buyer’s Obligations 买方义务 Taking delivery 收取货物 Transfer of risks 风险转移 Allocation of Costs 费用划分 Notice to the seller 通知卖方 Proof of delivery 交货凭证 Inspection of goods 货物检验 Assistance with information and related costs 协助提供信息及相关费用 Case 1: An exporter exports a batch of Christmas gifts to an English buyer with CIF London and as the Christmas gifts are seasonal, they contract that the buyer shall open a credit with the seller before the end of September and the seller shall ship the goods to Hamburg not later than 5th December. Or else, the buyer has the right to cancel the contract and get refund from the seller. So is the amended contract still a CIF contract？ Why？ Case 1: Analysis the contract is not a CIF contract because: CIF contracts are shipment contracts In the above case, the seller shall ship the goods to Hamburg not later than 5th December Or else, the buyer has the right to cancel the contract. This substantially alters the character of shipment contracts. CIF is used for symbolic delivery In the above case, the seller shall refund to the buyer if settlements have been made. This alters the characters of symbolic delivery. Case 2: An exporter in Beijing contracts with an English customer to export a lot of goods. After negotiating the price, our exporter insists on FCA Beijing while the English customer insists on FOB Tianjin. Please explain the reasons. Cas