新的贸易术语.pdfVIP

INCOTERMS 2010 What are they? They are a set of standard terms published by the International Chamber of Commerce and are used extensively in international trade. They describe, amongst other things, where the risk in the cargo passes from seller to buyer and who is responsible for arranging the insurance. The terms usually appear in shipping documents, especially on the commercial invoice. A revised set of Incoterms, called Incoterms 2010, came into force on 1 January 2011. Why are they relevant to surveyors and claims adjusters? They are relevant to marine insurance because the point at which the risk passes from seller to buyer can determine whether or not the claimant under a cargo policy had an insurable interest at the time of the loss. What is insurable interest? For the purposes of cargo insurance, insurable interest is where an assured has a direct financial interest in the cargo covered by the policy, such that he will suffer some financial disadvantage or prejudice if the goods become lost or damaged. This obviously includes the cargo owner, but can include other parties, such as the shipowner, who can insure against a liability he might incur if he fails to properly care for the cargo. However, Incoterms regulate the contract between cargo seller and cargo buyer so this document concentrates on what the new terms mean insofar as a standard cargo policy is concerned. To be able recover under a cargo insurance policy, the claimant must have an insurable interest. The assured, or the person to whom the claim is ultimately payable, does not need to have an insurable interest when the insurance is taken out, but he does need to have an insurable interest at the time of the loss and that is clearly stated in all Institute Cargo Clauses. These provisions have to be read in conjunction with the Transit Clause in the Institute Cargo Clauses (and similar provision