FOB贸易术语解释(中英文).doc

Four short words sum up what has lifted most successful individuals above the crowd: a little bit more.-author-dateFOB贸易术语解释(中英文)FOB贸易术语解释（中英文）FOB贸易术语解释（中英文）FREE ON BOARD(. named port of shipment)“Free on Board" means that the seller delivers when the goods pass the ship''s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. The FOB term requires the seller to clear the goods for export. This term can be used only for sea or inland waterway transport. If the parties do not intend to deliver the goods across the ship''s rail, the FCA term should he used.A THE SELLER''S OBLIGATIONSB THE BUYER''S OBLIGATIONSA1 Provision of goods in conformity with the contractThe seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity winch may be required by the contract.B1 Payment of the priceThe buyer must pay the price as provided in the contract of sale.A2 Licences, authorisations and formalitiesThe seller must obtain at his own risk and expense any export licence or other official authorisation and carry out, where applicable1 , all customs formalities necessary for the export of the goods.B2 Licences, authorisations and formalitiesThe buyer must obtain at his own risk and expense any import licence or other official authorisation and carry out, where applicable2, all customs formalities for the import of the goods and, where necessary, for their transit through any country .A3 Contracts of carriage and insurancea) Contract of carriage No obligation3b) Contract of insuranceNo obligation 4 .B3 Contract of carriage and insurancea) Contract of carriageThe buyer must contract at his own expense for the carriage of the goods from the named port of shipment.b) Contract of insuranceNo obligation.5A4 DeliveryThe seller must deliver the goods on the date or within the agreed period at the named port of shipment and in the manner customary at the port on board the vessel nominated by the buyer.B4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A4.A5 Transfer of risksThe seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship''s rail at the named port of shipment.B5 Transfer of risksThe buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship''s rail at the named port of shipment; and frorn the agreed date or the expiry date of the agreed period for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him flails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.A6 Division of costsThe seller must, subject to the provisions of B6, pay all costs relating to the goods until such time as they have passed the ship''s rail at the named port of shipment; and Where applicable6 , the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export.B6 Division of costsThe buyer must pay all costs relating to the goods from the time they have passed the ship'' s rail at the named port of shipment; and any additional costs incurred, either because the vessel nominated by him fails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because the buyer has failed to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and where applicable7,all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country.A7 Notice to the buyerThe seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4.B7 Notice to the buyerThe buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.A8 Proof of delivery, transport document or equivalent electronic messageThe seller must provide the buyer at the seller''s expense with the usual proof of delivery in accordance with A4.Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer, at the latter''s request, risk and expense, every assistance in obtaining a transport document for the contract of carriage (for example, a negotiable bill of lading, a non -negotiable sea waybill, an inland waterway document, or a multimodal transport document) .Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange (EDI) message.Proof of delivery, transport document or equivalent electronic message The buyer must accept the proof of delivery in accordance with A8.A9 Checking - packaging - markingThe seller must pay the costs of those checking operations ( such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.The seller must provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (for example modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately.B9 Inspection of goodsThe buyer must pay the costs of any pre - shipment inspection except when such inspection is mandated by the authorities of the country of export.A10 Otber obligationsThe seller must render the buyer at the latter''s request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted m the country of shipment and/or of originwhich the buyer may require for the import of the goods and, where necessary, for their transit through any country.The seller must provide the buyer, upon request, with the necessary information for procuring insurance.B10 Other obligationThe buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.1 Refer to Introduction Paragraph142 Refer to Introduction Paragraph143 Refer to Introduction Paragraph104 Refer to Introduction Paragraph105 Refer to Introduction Paragraph106 Refer to Introduction Paragraph147 Refer to Introduction Paragraph14一、对FOB术语的解释FREE ON BOARD(.named port of shipment),即装运港船上交货（指定装运港）。此术语是指卖方在约定的装运港将货物交到买方指定的船上。按照2000年通则规定，此术语只能适用于海运和内河航运。但是，如合同当事人不采用越过船舷交货，则采用FCA术语更为适宜。 (一) 买卖双方基本义务的划分按国际商会对FOB的解释，买卖双方各自承担的基本义务。概括起来，可作如下划分：1卖方义务(1)在合同规定的时间或期限内，在装运港，按照习惯方式将货物交到买方指派的船上，并及时通知买方。(2)自负风险和费用，取得出口许可证或其他官方批准证件。在需要办理海关手续时，办理货物出口所需的一切海关手续。(3)负担货物在装运港越过船舷为止的一切费用和风险；(4)自付费用提供证明货物已交至船上的通常单据。如果买卖双方约定采用电子通讯，则所有单据均可被具有同等效力的电子数据交换(EDI)信息所代替。2买方义务(1)自负风险和费用取得进口许可证或其他官方批准的证件。在需要办理海关手续时，办理货物进口以及经由他国过境的一切海关手续，并支付有关费用及过境费；(2)负责租船或订舱，支付运费，并给予卖方关于船名、装船地点和要求交货时间的充分的通知；(3)负担货物在装运港越过船舷后的一切费用和风险；(4)接受卖方提供的有关单据，受领货物，并按合同规定支付货款。(二) 1941年美国对外贸易定义修订本对FOB的解释1941年美国对外贸易定义修订本对FOB的解释分为六种，其中只有：指定装运港船上交货” (FOB Vessel，"named port of shipment”)与2000年通则对FOB术语的解释相近。所以，1941年美国对外贸易定义修订本对FOB的解释与运用，同国际上的一般解释与运用有明显的差异，这主要表现在下列几方面：1美国惯例把FOB笼统地解释为在某处某种运输工具上交货，其适用范围很广，因此，在同美国、加拿大等国的商人按FOB订立合同时，除必须标明装运港名称外，还必须在FOB后加上“船舶”(Vessel)字样。如果只订为“FOB SanFrancisco”而漏写“Vessel”字样,则卖方只负责把货物运到旧金山城内的任何处所，不负责把货物运到旧金山港口并交到船上。 2在风险划分上，不是以装运港船舷为界，而是以船舱为界，即卖方负担货物装到船舱为止所发生的一切丢失与损坏。3在费用负担上，规定买方要支付卖方协助提供出口单证的费用以及出口税和因出口而产生的其他费用。（三）FOB的变形在按FOB条件成交时，卖方要负责支付货物装上船之前的一切费用。但各国对于“装船”的概念没有统一的解释，有关装船的各项费用由谁负担，各国的惯例或习惯做法也不完全一致。如果采用班轮运输，船方管装管卸，装卸费计入班轮运费之中，自然由负责租船的买方承担；而采用程租船运输，船方一般不负担装卸费用。这就必须明确装船的各项费用应由谁负担。为了说明装船费用的负担问题，双方往往在FOB术语后加列附加条件，这就形成了FOB的变形。主要包括以下几种：1FOB Liner Tenns(FOB班轮条件)这一变形是指装船费用按照班轮的做法处理，即由船方或买方承担。所以，采用这一变形，卖方不负担装船的有关费用。2FOB Under Tackle(FOB吊钩下交货)指卖方负担费用将货物交到买方指定船只的吊钩所及之处，而吊装入舱以及其他各项费用，概由买方负担。3FOB Stowed(FOB理舱费在内)指卖方负责将货物装入船舱并承担包括理舱费在内的装船费用。理舱费是指货物人舱后进行安置和整理的费用。4FOB Trimmed(FOB平舱费在内)指卖方负责将货物装入船舱并承担包括平舱费在内的装船费用。平舱费是指对装入船舱的散装货物进行平整所需的费用。在许多标准合同中，为表明由卖方承担包括理舱费和平舱费在内的各项装船费用，常采用FOBST(FOB Stowed and Trimmed)方式。FOB的上述变形，只是为了表明装船费用由谁负担而产生的，并不改变FOB的交货地点以及风险划分的界限。2000年通则指出，通则对这些术语后的添加词句不提供任何指导规定，建议买卖双方应在合同中加以明确。-