INCOTERMS2010貿易術語一覽表

1、INCOTERMS 2010貿易術語一覽表（將於 2011/1/1 施）Changes in INCOTERMS 2010Starting in 2011, the following standard delivery terms will be used:EXWEx Works transportationFCAFree CarrierCompared to the current practice, the following standard terms will no longer exist: DDU (Delivered Duty Unpaid);DAF (Delivered A

2、t Frontier); DES (Delivered Ex Ship); DEQ (Delivered Ex Quay). If business partners wish to continueusing them, they should not refer to the effective INCOTERMS 2010.NEW TERM DAP1.A new term will be included to facilitate use in domestic transactions andthose within Customs Unions where no export or

3、 import clearance obligations exist.DAP： Delivered at PlaceDelivered at Place means that the seller delivers when the goods are placed at the disposal of the buyer on the arrivingmeans of transport not unloaded at the named place of destinationINCOTERMS修正版本數(shù)字使用的問題2010年第一版最早是用INCOTERMS 3000,理由無他是避免大家

4、期待每隔十年就有一次修正，各國國際商會幾乎都是站在反對立場，認為修訂小組顯然是多慮了而且也毫無意義(being meaningless)何況違背ICC出版品的數(shù)字使用體制(numbering system usedby ICC for its publications),要嗎就使用諸如UCP的400/500/600,或是出版品實際公布或是生效的年分作為她的號碼就如INCOTERMS先前的版本一樣用INCOTERMS1980/1990/2000,當然如ISBP是用645(2003年)681(2007年).到了第二版就改過來了，使用2011(titled 2011),第三版以后就用2010.INC

5、OTERMS 2010與THC(2010可以解決THC的問題嗎？)(引自與TW文U 0田的EMAIL資料)無疑的INCOTERMS的修正里由之一是在解決THC的爭執(zhí)問題，INCOTERMS的正式版本還在保密當中，但依第二版草案，似只在CFR或CIF的GUIDANCE NOTE當中提醒買賣雙方宜在合同 中規(guī)定”If the seller incurs costs under its contract of carriage such as those related to unloading or handling at the specified pointat the port of des

6、tination agreed in the sale contract, the seller is not entitled to recover such costs from the buyerunless otherwise agreed between the part ies似乎也無法解決目地港THC的問題.PS:日本貿易實務界人士星野清在其所著TRADE TERMS雜隹感一文中說，由于中國的貨代(FORWARDER)攬貨過度的競爭，會壓低運費再向日本買方征收諸如EBS(EmergencyBunker Surcharge)或YAS(Yen Appreciation Surchar

7、ge)等名目的附加費用19 October 2010CPTCarriage Paid ToCarriage and Insurance PaidDAT (new delivery term)DAP (new delivery term)CIPDelivered At TerminalDelivered At PlaceAll types of transportationAll types of transportationAll types of transportationAll types of transportationDDPDelivered Duty PaidAll types

8、oftransportationFASFOBFree Alongside ShipFree On BoardWater transportWater transportCFRCIFCost and FreightCost, Insurance and FreightWater transportWater transportAll types ofAll types of transportationArticle by Stephen Tricks and Hatty SumptionThe Incoterms rules are internationally recognised sta

9、ndardised terms reflecting business practice in the allocation of tasks,costs and risks in international sales contracts. The ICC has just published the latest version of these rules, Incoterms 2010.The new rules are relevant for those involved in thebuying and selling of goods, especiallytrading co

10、mpanies, exporters and importers, together with those involved in associated services including marine, multimodaltransport, logistics and financial services.The new Incoterms 2010 rules enter into force on 1 January 2011. This update outlines the main changes introduced in the newrules.BackgroundIn

11、coterms have been devised and published by the International Chamber of Commerce (ICC)since 1936. The aim of theRules is to facilitate the conduct of global trade by providing clear definitions of the parties respective obligations, therebyreducing the risk of legal complications.The latest version

12、replaces the 2000 edition and is the culmination of a lengthy process of drafting and consultation involvingover 30 national committees and several key trade bodies.The extensive comment and response process resulted in the production of three consultation drafts leading up to the finalversion of In

13、coterms 2010.The Incoterms 2010 rules take account of changes in transport practice, together with the spread of customs-free zones, increaseduse of electronic communication and security issues.The Key Changes:? Consolidation of D TermsThe following rules have been abolished:DAF Delivered At Frontie

14、rDES Delivered Ex ShipDEQ Delivered Ex QuayDDU Delivered Duty UnpaidThe DDP rule (Delivered Duty Paid) is unchanged and is joined by the following new D rules:DAT Delivered At TerminalThis is intended to replace DEQ with terms more suitable for container transportation. The terms provide for deliver

15、y whengoods are unloaded from the arriving means of transport and are placed at the disposal of the buyer at the named terminal.An example would be where a container has been unloaded from a ship and placed in the container stack at the port ofdelivery(?destination?).DAP Delivered At PlaceThis repla

16、ces DES, DAF and DDU and provides for delivery on the arriving means of transport, ready for unloading. An exampleof likely use would be for delivery by truck to the buyers premises, or delivered by ship to a named port, not unloaded orimport cleared.? Terminal Handling ChargesThe Incoterms 2010 rul

17、es seek to clarify the allocation of terminal handling costs between the parties. This is in responseto difficulties that have arisen where such costs, although sometimes included in the carriage costs paid by the buyer , havenevertheless been charged to the buyer by the carrier or terminal operator

18、. The new rules areintended to reduce the risk of the buyer being charged twice for terminal handling costs.? InsuranceMinor changes have been made in Incoterms 2010 to those rules that require a party to obtain insurance (CIF and CIP).It is important to note that Incoterms 2010 still requires the s

19、eller to obtain only the minimum cover under InstituteCargo C Clauses, or equivalent, on a CIF or CIP transaction. In many cases, the buyer will want to include in the contractan express requirement for the more extensiveInstitute Cargo A Clauses. For other terms,there are new provisions requiring t

20、he parties to exchange information regarding insurance.? Electronic CommunicationIncoterms 2000 provided that certain specified documents could be replaced withElectronicData Interchange (EDI)messages where the parties agreed to do so. Incoterms 2010 now allow for paper communication to be replaced

21、withan equivalent electronic record or procedure where the parties so agree or where customary.The reference to customis significant as it means that in certain cases parties will be unable to refuse electronic communication, such as email.? SecurityHeightened international concern about security ha

22、s resulted in increased clearance requirements relating to the movement ofgoods. In response, Incoterms 2010 includes provisions that allocate responsibility for obtaining or assisting to obtainclearances between the buyer and seller .? String SalesIn the sale of commodities it is common for cargo t

23、o be sold, perhaps several times, during transit. Incoterms 2000 includedobligations for a seller to ship the goods but this did not accurately reflect the position of a seller in the middle ofa string of transacti ons who was unable to ship goods that had already been shipped by the first seller .

24、Incoterms 2010now provides an option, where relevant, to allow the seller to procure goods that have been shipped as an alternative to theobligation to ship the goods.? Domestic and International TradeAlthough Incoterms have traditionally been used in international sale contracts, theICC hasnoted th

25、at in certain parts of the world trade blocs (such as the EU) have made border formalities between different countriesless significant. In addition, there has also been a greater trend towards using Incoterms for purely domestic sale contracts,including in theUnited States. With this in mind, Incote

26、rms 2010 formally recognises that the rules are available for both domestic andinternational sale contracts and, where appropriate, the rules state that the obligation to comply with export / importformalities exists only where applicable. ? General Pointso The Incoterms 2010 rulebook has been reorg

27、anised into two classes;RULES FOR ANY MODE OR MODES晶OF TRANSPORT andRULES FOR SEA AND INLAND WATERWAY & TRANSPORTFor rules included in the second class, the point of delivery and the place to which the goods are carried are both ports.FAS, FOB, CFR and CIF all belong to this class. The first cla

28、ss contains the remaining seven Incoterms.o All reference to the ships rail as the point of delivery has been removed from Incoterms 2010. Instead for FOB, CFR andCIF sales, goods are deemed delivered when they are on board the vessel.o Incoterms 2010 includes clearer guidance notes. These do not form part of the rules but are intended to encourage use ofthe most appropriate Incoterms rule for any given transaction.CommentIncoterms 2010 introduc