Tìm kiếm
Tìm kiếm
FAS – Free next to the train
Free Side Ship means the seller delivers the goods to the buyer:
The risk of loss or damage to the goods passes when the goods are alongside the vessel and the buyer must bear all costs from that point onwards.
This rule is only applicable to sea or inland waterway transport where the parties intend to deliver the goods by placing them alongside the ship. Therefore, the FAS rules are not appropriate where the goods are delivered to the carrier before they are delivered alongside the ship, for example when the goods are delivered to the carrier at the container terminal. In this case, parties should consider using the FCA rules instead of the FAS rules.
The Parties should identify as clearly as possible the loading point at the named port of loading where the goods will be transferred from the wharf or barge to the vessel as the costs and risks of reaching that location are the responsibility of the Party. seller and these costs and associated handling fees may vary depending on port practices.
Incoterms 2020 FAS requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import customs formalities.
Using FAS, the seller is responsible for:
The seller's obligations are presented below:
On the other hand, the buyer bears:
The buyer's obligations are set out below:
FOB – Free on board
Delivery on board means the seller delivers the goods to the buyer:
The risk of loss or damage to the goods passes once the goods are on board and the buyer must bear all costs from that point onwards.
This rule is only applicable to sea or inland waterway transport where the parties intend to deliver the goods by placing them on board the vessel. Thus, the FOB rule is not appropriate when the goods are delivered to the carrier before they board the ship, for example when the goods are delivered to the carrier at the container terminal. In this case, the parties should consider using FCA rules instead of FOB rules.
FOB requires the seller to complete export customs clearance procedures, if any. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import formalities.
Using Incoterms 2020 FOB, the seller bears the costs of:
The main obligations of the seller are presented below:
On the other hand, the buyer must bear the costs of:
The main obligations of the buyer are set out below:
CFR - Costs and Freight
Cost and freight means the seller delivers the goods to the buyer
The risk of loss or damage to the carriage of goods once on board the vessel, where the seller is deemed to have fulfilled his obligation to deliver whether or not the goods actually arrive at destination is in good condition, in the quantity stated or, indeed, at all. In the CFR, the seller has no obligation to the buyer to obtain insurance: the buyer should therefore purchase some insurance for himself.
CFR Incoterms 2020 rules are used only for sea or inland waterway transport. When multiple modes of transport are used, which is often the case when the goods are delivered to the carrier at the container terminal, the appropriate rule to use is CPT rather than CFR.
In CFR, two ports are important: the port where the goods are delivered on board the ship and the agreed port as the destination of the goods. Risk is transferred from the seller to the buyer when the goods are delivered to the buyer by placing them on board the vessel at the port of shipment or purchasing the goods so delivered. However, the seller must contract to transport the goods from the place of delivery to the agreed location. So, for example, goods are loaded onto a ship in Shanghai (which is a port) for transport to Southampton (also a port). Delivery here takes place when the goods are loaded on board the vessel in Shanghai, risk passing to the buyer at that time; and the seller must contract for transportation from Shanghai to Southampton.
Although the contract will always specify the port of destination, it may not specify the port of delivery, which transfers risk to the buyer. If the port of shipment is of particular interest to the buyer, for example where the buyer wants to be sure that the freight element in the price is reasonable, the parties should specify it as precisely as possible in the contract.
The parties should determine as accurately as possible the location at the named port of destination because the costs of reaching that location are for the seller's account. The seller must make a contract or contracts of carriage providing for the carriage of the goods from the place of delivery to the named port or to an agreed point within that port, where such point has been agreed in the purchase contract. sell.
It is possible that transport is carried out through several carriers for different sea transport legs, for example, first by a carrier operating a feeder vessel from Hong Kong to Shanghai, then Board a cruise ship from Shanghai to Southampton. The question here is whether the risk is transferred from the seller to the buyer in Hong Kong or Shanghai: where does the delivery take place? The parties may have agreed on this right in the sales contract. However, in the absence of such an agreement the default position is that risk passes when the goods are delivered to the first carrier, i.e. Hong Kong, thereby increasing the time within which the buyer must bear the risk of loss or damage. If the parties wish to transfer risk at a later stage (here in Shanghai), they need to clearly state this in their sales contract.
If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place at the port of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. between parties.
The CFR requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import customs formalities.
When using Incoterms 2020 CFR, the seller is responsible for:
The main obligations of the seller are presented below:
Buyer bears:
The main obligations of the buyer are set out below:
CIF – Cost and freight insurance
Cost and freight insurance means that the seller delivers the goods to the buyer on board or purchases the goods so delivered. Risk of loss or damage to the carriage of goods once on board the vessel, where the seller is deemed to have fulfilled his obligation to deliver even if the goods actually arrive at destination in the same condition. intact or not, in the stated quantity or, indeed, at all.
This rule applies only to sea or inland waterway transport. When multiple modes of transport are used, which is often the case when the goods are delivered to the carrier at the container terminal, the appropriate rule to use is CIP rather than CIF.
In Incoterms 2020 CIF, two ports are important: the port where the goods are delivered on board the vessel and the agreed port as the destination of the goods. Risk is transferred from the seller to the buyer when the goods are delivered to the buyer by placing them on board the vessel at the port of shipment or purchasing the goods so delivered. However, the seller must contract to transport the goods from the place of delivery to the agreed location. So, for example, goods are loaded onto a ship in Shanghai (which is a port) for transport to Southampton (also a port). Delivery here takes place once the goods have been loaded on board the vessel in Shanghai, the risk passing to the buyer at that time: and the seller must contract for carriage from Shanghai to Southampton.
Although the contract will always specify the port of destination, it may not specify the port of delivery, which transfers risk to the buyer. If the port of shipment is of particular interest to the buyer, for example where the buyer wants to be sure that the freight or insurance element in the price is reasonable, the parties should accurately identify that port as the port of delivery. row. Incoterms 2020 may be included in the contract
The parties should determine as accurately as possible the location at the named port of destination because the costs of reaching that location are for the seller's account. The seller must make a contract or contracts of carriage providing for the carriage of the goods from the place of delivery to the named port or to an agreed point within that port, where such point has been agreed in the purchase contract. sell.
It is possible that the transport is carried out through a number of transits for different stages of ocean transport, for example, first by a carrier operating a feeder vessel from Hong Kong to Shanghai, then Then board a ship from Shanghai to Southampton. The question here is whether the risk is transferred from the seller to the buyer in Hong Kong or Shanghai: where does the delivery take place? The parties may have agreed on this right in the sales contract. However, in the absence of such an agreement the default position is that risk passes when the goods are delivered to the first carrier, i.e. Hong Kong, thereby increasing the time within which the buyer must bear the risk of loss or damage. If the parties wish to transfer risk at a later stage (here in Shanghai), they need to clearly state this in their sales contract.
The seller must also contract insurance against the buyer's risk of loss or damage to the goods from the port of shipment to at least the port of destination. This can cause difficulties where the destination country requires insurance to be purchased locally: in this case the parties should consider purchasing under the CFR. Buyers should also note that under the Incoterms 2020 CIF regulations, the seller must purchase limited insurance in compliance with the Institute Goods Clauses or similar provisions, rather than having broader coverage under the Incoterms 2020 CIF regulations. Institute Goods Terms. However, it is still possible for the parties to agree on a higher insurance level.
If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place at the port of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. between parties.
CIF requires the seller to complete export customs clearance procedures if applicable. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import customs formalities.
Using Incoterms 2020 CIF conditions, the seller bears the costs:
The seller's obligations are presented below:
On the other hand, the buyer must bear the costs of:
The buyer's obligations are shown below: