Incoterms 2010 国际贸易术语解释通则2010 - 图文 

. is used to indicate where the risk of loss of or damage to the goods passes from the seller to the buyer. 精品

. Delivery document: This phrase is now used as the heading to article A8. It means a document used to prove that 交货单：此术语现在已成为 A8 条款的标题。交货单，是delivery has occurred. For many of the Incoterms 2010 用于证明已完成交货的凭证。对于《国际贸易术语解释通rules, the delivery document is a transport document or 则 2010》中的许多规则，交货单是一种运输单据或相关corresponding electronic record. 电子记录。 However, with EXW, FCA, FAS and FOB, the delivery document may simply be a receipt. A delivery document 但是对于 EXW，FCA，FAS 和 FOB，交货单只是一种收据。may also have other functions, for example as part of 当然，交货单还有其他功能，比如支付程序的一个环节。 the mechanism for payment. Electronic record or procedure: A set of information 电子记录或者程序：由一个或多个可适用的电子讯号组成constituted of one or more electronic messages and, 的一组信息库，其功能上等同于相应的纸质文档。 where applicable, being functionally equivalent with the corresponding paper document. Packaging: this word is used for different purposes: requirements under the contract of sale. transportation. or other means of transport. 包装：此词因语境不同有不同含义： 1. The packaging of the goods to comply with any 1. 符合销售合同要求的货物包装； 2. The packaging of the goods so that they are fit for 2. 符合运输要求的货物包装； 3. The stowage of the packaged goods within a container 3. 集装箱或其他运输工具中已包装货物的理仓 In the Incoterms 2010 rules, packaging means both the 在《国际贸易术语解释通则 2010》中，“包装”一词有first and second of the above. The Incoterms 2010 rules 以上中的 1 和 2 项的含义。Incoterms2010 中并不涉do not deal with the parties’ obligations for stowage 及集装箱内货物的理仓义务，当事人应在销售合同中予within a container and therefore, where relevant, the 以确定。 parties should deal with this in the sale contract. 精品

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EXW (insert named place of delivery) GUIDANCE NOTE

This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.

It is suitable for domestic trade, while FCA is usually more appropriate for international trade. “Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.

The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery. EXW represents the minimum obligation for the seller. The rule should be used with care as:

a) The seller has no obligation to the buyer to load the goods, even though in practice the seller may be in a better position to do so. If the seller does load the goods, it does so at the buyer’s risk and expense. In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so at its own risk and expense, is usually more appropriate.

b) A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide only such assistance as the buyer may require to effect that export: the seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they cannot directly or indirectly obtain export clearance.

c) The buyer has limited obligations to provide to the seller any information regarding the export of the goods. However, the seller may need this information for, e.g., taxation or reporting purposes.

EXW——工厂交货（……指定地点）

本条规则与（当事人）所选择的运输模式无关，即便（当事人）选择多种运输模式，亦可适用该规则。本规则较适用于国内交易，对于国际交易，则应选FCA[1] “货交承运人（……指定地点）”规则为佳。 “工厂交货（---指定地点）”是指当卖方在其所在地或其他指定的地点（如工场（强调生产制造场所）、工厂（制造场所）或仓库等）将货物交给买方处置时，即完成交货。卖方不需将货物装上任何运输工具，在需要办理出口清关手续时，卖方亦不必为货物办理出口清关手续。

双方都应该尽可能明确的指定货物交付地点，因为此时（交付前的）费用与风险由卖方承担。买方必须承当在双方约定的地点或在指定地受领货物的全部费用和风险。

EXW 是卖方承担责任最小的术语。它应遵守以下使用规则：

a) 卖方没有义务为买方装载货物，即使在实际中由卖方装载货物可能更方便。若由卖方装载货物，相关风险

和费用亦由买方承担。如果卖方在装载货物中处于优势地位，则使用由卖方承担装载费用与风险的FCA术语通常更合适。

b) 买方在与卖方使用EXW术语时应知晓，卖方仅在买方要求（更符合术语特质）办理出口手续时负有协助的

义务：（但是），卖方并无义务主动（更强调最小义务，吸收进2010年本身的意义）办理出口清关手续。因此如果买方不能直接或间接地办理出口清关手续，建议买方不要使用EXW术语。 c) 买方承担向卖方提供关于货物出口之信息的有限义务。但是，卖方可能需要这些用作诸如纳税（申报税款）、

报关等目的的信息。

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. A THE SELLER’ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary. A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must provide the buyer, at the buyer’s request, risk and expense, assistance in obtaining any export licence, or other official authorization necessary for the export of the goods. Where applicable, the seller must provide, at the buyer’s request, risk and expense, any information in the possession of the seller that is required for the security clearance of the goods. A3 Contracts of carriage and insurance a) Contract of carriage The seller has no obligation to the buyer to make a contract of carriage. b) Contract of insurance The seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk and expense (if any), with information that the buyer needs for obtaining insurance. A4 Delivery The seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed date or within the agreed period. B THE BUYER’ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary. B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any export and import licence or other official authorization and carry out all customs formalities for the export of the goods. B3 Contracts of carriage and insurance a) Contract of carriage The buyer has no obligation to the seller to make a contract of carriage. b) Contract of insurance The buyer has no obligation to the seller to make a contract of insurance. B4 Taking delivery The buyer must take delivery of the goods when A4 and A7 have been complied with. B5 Transfer of risks The buyer bears all risks of loss of or damage 精品