国贸实务7 Group D：DAF, DES, DEQ, DDU, DDP教学讲义.pptVIP

广外大经贸学院 张靓芝 2005 Seller Buyer2 Buyer1 Group D：DAF, DES, DEQ, DDU, DDP FAS FOB CFR CIF FCA CPT CIP EXW DESDEQ DDUDDP DAF Seller Buyer2 Buyer1 Delivered At Frontier (…named place) DAF Delivery place of DAF Could be used for any mode of transport Delivered At Frontier (…named place) 1. “Delivered At Frontier” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. 2.The term “Frontier” may be used for any frontier including that of the country of export. Therefore, it is of vital importance that the frontier in question be defined precisely by always naming the point and place in the term. Obligations of the Seller/Buyer Obligation Seller Buyer Notice time of dispatch of the goods to the named place at the frontier delivery time and/or point at the named place if he is entitled to determine those Delivery place the goods (not unloaded) at the disposal of the buyer at the named place on the date or within the agreed period take delivery of the goods when they have been delivered as agreed ( When do the risks transfer to the buyer? ) Carriage insurance take all costs of transport (to where?) No obligation ( Why? ) Documents payment Commercial invoice, proof of delivery, evidence of goods in conformity with the contract if required by it. (or EDI) Accept the documents if they are in conformity with the sales contract and other relevant agreements. Pay the price as provided in the sales contract. Customs clearance Export clearance Import clearance 俄罗斯A商与我国B商签订了一份向我国出口矿产品的合同，合同使用的贸易术语是DAF 满洲里， 并规定卖方于当年11－12月份分批交货。 合同履行过程中，有几批货物B商在次年的1月份才收到。 B商认为卖方交货延迟，遂向A商索赔；而A商认为他是在12月份发的货，交货并没有延迟，故拒绝承担赔偿责任。 问：法院该如何判决本案？为什么？ DAF合同案例 Obligations of the Seller/Buyer Obligation Seller Buyer No