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무역실무매뉴얼계약관련

분류 : 무역거래조건(INCOTERMS 2000에 의한 무역거래조건) | 조회수 2357 INCOTERMS 2000에 의한 무역거래 조건

Incoterms는 1936년 최초로 제정된 이래 변화하는 상관습에 대응하기 위해 지속적으로 개정해 오고 있는데 2010년 9월에 7차 개정이 이루어져 2011년 1월 1일부터 인코텀즈2000을 대체하여 Incoterms2010을 사용하게 된다.

Incoterms2010은 세계경제의 글로벌화의 진전에 따라 관세자유지역의 지속적인 확대, 상거래에서 전자적 방식의 커뮤니케이션 증가, 화물의 이동과 관련한 보안문제의 대두 및 운송관행의 변화를 반영하였다. Incoterms2010은 D조건(도착지인도조건)을 통합,조정하여 현행 Incoterms2000의 13개 조건을 11개 조건으로 축소하여 각 조건을 보다 간결하고 명확하게 규정하였다.

 

 

(1) 새로운 두 개의 조건(DAT, DAP)이 기존 4개의 조건(DAF, DES, DEQ, DDU)을 대체하여 모두 11가지이다.

(2) 인코텀즈는 전통적으로 국제매매에서 사용되었으나 EU 등 일부 지역에서는 국경을 통과하는데 필요한 통관절차 등이 의미가 없게 됨에 따라 Incoterms의 무역거래조건을 국내매매에 적용할 수 있도록 공식적으로 인정하였다.

(3) 선적지 인도조건인 FOB, FAS, CFR, CIF 조건에서 인도지점으로서 선측 난간(ship's rail) 개념을 대신하여 물품이 선박에 적재된 때(when they are ‘on board’ the vessel) 인도된 것으로 규정한다.

(4) 사용가능한 운송방법을 기준으로 아래의 두개의 유형으로 분류

구분

조건

세부내용

비고

모든 운송수단

(복합운송)

EXW

Ew Works

 

FCA

Free Carrie

 

CPT

Carriage Paid to

 

CIP

Carriage and Insurance Paid to

 

DAT

Delivered At Terminal

DEQ와 유사

DAP

Delivered At Place

DAF, DES, DDU 통합

DDP

Delivered Duty Paid

 

해상운송

FAS

Free Alongside Ship

 

FOB

Free on Board

 

CFR

Cost and Freight

 

CIF

Cost Insurance and Freight

 


 

(1) DAT(Delivered at Terminal)

 

◦도착된 운송수단으로부터 양하하여 약정된 항구(혹은 장소)에 있는 약정된 터미널에서 매수인의 처분 하에 놓았을 때 매도인의 인도의무가 완료되는 조건이다.

◦터미널은 모든 장소일 수 있음. 예를 들어, 부두, 창고, CY, 도로/철도/항공 화물터미널 등을 모두 포함한다.

◦매도인은 약정된 항구 혹은 장소에 있는 터미널까지 물품을 운송하여 양하할 때까지의 위험을 부담

◦당사자들은 터미널을 가능한 한 명확하게 특정하는 것이 바람직하며, 가능하다면, 약정된 항구(혹은 장소)에 있는 터미널 내의 구체적인 지점까지 특정하는 것이 바람직하다.

◦당사자들이 매도인으로 하여금 터미널에서 또 다른 장소까지 물품을 운송하는 것과 관련된 위험과 비용을 부담하도록 의도한다면, DAP나 DDP를 사용함이 바람직하다.

◦매도인은 수출통관 의무를 부담함. 그러나 수입통관 의무가 없으며 또한 수입관세를 납부할 의무도 없다.

 

(2) DAP(Delivered at Place)

 

◦약정된 도착장소에서 물품을 양하하지 않은 채 도착된 운송수단에서 매수인의 처분 하에 놓았을 때 매도인의 인도의무가 완료되는 조건

◦당사자들은 약정된 도착장소 내의 지점을 가능한 한 명확하게 특정하는 것이 바람직하다.

◦매도인은 자신의 선택과 정확하게 어울리는 운송계약을 체결하는 것이 바람직하다. 한편, 매도인이 운송계약 하에서 도착장소에서의 양하와 관련된 비용을 부담한다면, 매도인은 그러한 비용을 매수인으로부터 회수할 권리가 없다.

◦매도인은 수출통관 의무를 부담한다. 그러나 수입통관의무가 없으며 또한 수입관세를 납부할 의무도 없다. 당사자들이 매도인으로 하여금 물품의 수입통관을 하고 수입관세를 지급하도록 의도한다면, DDP조건을 사용해야 한다.

 

 


Incoterms, 2010

 

Main features of the Incoterms,2010 rules

 

 

1.Two new Incoterms rules-DAT and DAP-have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU

 

The number of Incoterms rules has been reduced from 13 to 11. This has been achieved by substituting two new rules that may be used irrespective of the agreed mode of transport. DAT, Delivered at Terminal, and DAP, Delivered at Place . for the Incoterms 2000 rules DAF, DES, DEQ and DDU.

 

Under both new rules, delivery occurs at a named destination: in DAT, at the buyer’s disposal unloaded from the arriving vehicle (as under the former DEQ rule); in DAP, likewise at the buyer’s disposal, but ready for unloading (as under the former DAF, DES and DDU rules).

 

The new rules make the Incoterms 2000 rules DES and DEQ superfluous. The named terminal in DAT may well be in a port, and DAT can therefore safely be used in cases where the Incoterms 2000 rule DEQ once was. Likewise, the arriving “vehicle” under DAP may well be a ship and the named place of destination may well be a port: consequently, DAP can safely be used in cases where the Incoterms 2000 rule DES once was. These new rules, like their predecessors, are “delivered”, with the seller bearing all the costs (other than those related to import clearance, where applicable) and risks involved in bringing the goods to the named place of destination.

 

2. Classification of the 11 Incoterms,2010 rules

 

The 11 Incoterms, 2010 rules are presented in two distinct classes:

 

RULES FOR ANY MODE OR MODES OF TRANSPORT

EXW EX WORKS

FCA FREE CARRIER

CPT CARRIAGE PAID TO

CIP CARRIAGE AND INSURANCE PAID TO

DAT DELIVERED AT TERMINAL

DAP DELIVERED AT PLACE

DDP DELIVERED DUTY PAID

 

RULES FOR SEA AND INLAND WATERWAY TRANSPORT

 

FAS FREE ALONGSIDE SHIP

FOB FREE ON BOARD

 

CFR COST AND FREIGHT

CIF COST INSURANCE AND FREIGHT

 

The first class includes the seven IncotermsⓇ 2010 rules that can be used irrespective of the mode of transport selected and irrespective of whether one or more than one mode of transport is employed. EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class. They can be used even when there is no maritime transport at all. It is important to remember, however, that these rules can be used in cases where a ship is used for part of the carriage.

 

In the second class of IncotermsⓇ 2010 rules, the point of delivery and the place to which the goods are carried to the buyer are both ports, hence the label “sea and inland waterway” rules. FAS, FOB, CFR and CIF belong to this class. Under the last three Incoterms rules, all mention of the ship s rail as the point of delivery has been omitted in preference for the goods being delivered when they are “on board” the vessel. This more closely reflects modern commercial reality and avoids the rather dated image of the risk swinging to and fro across an imaginary perpendicular line.

 

3. Rules for domestic and international trade

 

Incoterms rules have traditionally been used in international sale contracts where goods pass across national borders. In various areas of the world, however, trade blocs, like the European Union, have made border formalities between different countries less significant. Consequently, the subtitle of the IncotermsⓇ 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. As a result, the IncotermsⓇ 2010 rules clearly state in a number of places that the obligation to comply with export/import formalities exists only where applicable.

Two developments have persuaded ICC that a movement in this direction is timely. Firstly, traders commonly use Incoterms rules for purely domestic sale contracts. The second reason is the greater willingness in the United States to use Incoterms rules in domestic trade rather than the former Uniform Commercial Code shipment and delivery terms.

 

4. Guidance Notes

 

Before each IncotermsⓇ 2010 rule you will find a Guidance Note. The Guidance Notes explain the fundamentals of each Incoterms rule, such as when it should be used, when risk passes, and how costs are allocated between seller and buyer. The Guidance Notes are not part of the actual IncotermsⓇ 2010 rules, but are intended to help the user accurately and efficiently steer towards the appropriate Incoterms rule for a particular transaction.

 

5. Electronic communication

 

Previous versions of Incoterms rules have specified those documents that could be replaced by EDI messages. Articles A1/B1 of the IncotermsⓇ 2010 rules, however, now give electronic means of communication the same effect as paper communication, as long as the parties so agree or where customary. This formulation facilitates the evolution of new electronic procedures throughout the lifetime of the IncotermsⓇ 2010 rules.

 

6. Insurance cover

 

The IncotermsⓇ 2010 rules are the first version of the Incoterms rules since the revision of the Institute Cargo Clauses and take account of alterations made to those clauses. The IncotermsⓇ 2010 rules place information duties relating to insurance in articles A3/B3, which deal with contracts of carriage and insurance. These provisions have been moved from the more generic articles found in articles A10/B10 of the Incoterms 2000 rules. The language in articles A3/B3 relating to insurance has also been altered with a view to clarifying the parties’ obligations in this regard.

 

7. Security-related clearances and information required for such clearances

 

There is heightened concern nowadays about security in the movement of goods, requiring verification that the goods do not pose a threat to life or property for reasons other than their inherent nature. Therefore, the IncotermsⓇ 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances, such as chain-of-custody information, in articles A2/B2 and A10/B10 of various Incoterms rules.

 

8. Terminal handling charges

 

Under Incoterms rules CPT, CIP, CFR, CIF, DAT, DAP, and DDP, the seller must make arrangements for the carriage of the goods to the agreed destination. While the freight is paid by the seller, it is actually paid for by the buyer as freight costs are normally included by the seller in the total selling price. The carriage costs will sometimes include the costs of handling and moving the goods within port or container terminal facilities and the carrier or terminal operator may well charge these costs to the buyer who receives the goods. In these circumstances, the buyer will want to avoid paying for the same service twice: once to the seller as part of the total selling price and once independently to the carrier or the terminal operator. The IncotermsⓇ 2010 rules seek to avoid this happening by clearly allocating such costs in articles A6/B6 of the relevant Incoterms rules.

 

9. String sales

 

In the sale of commodities, as opposed to the sale of manufactured goods, cargo is frequently sold several times during transit “down a string”. When this happens, a seller in the middle of the string does not “ship” the goods because these have already been shipped by the first seller in the string. The seller in the middle of the string therefore performs its obligations towards its buyer not by shipping the goods, but by “procuring” goods that have been shipped. For clarification purposes, IncotermsⓇ 2010 rules include the obligation to “procure goods shipped” as an alternative to the obligation to ship goods in the relevant Incoterms rules.

 

Variants of Incoterms rules

 

Sometimes the parties want to alter an Incoterms rule. The IncotermsⓇ 2010 rules do not prohibit such alteration, but there are dangers in so doing. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract. Thus, for example, if the allocation of costs in the IncotermsⓇ 2010 rules is altered in the contract, the parties should also clearly state whether they intend to vary the point at which the risk passes from seller to buyer.

 

Status of this introduction

 

This introduction gives general information on the use and interpretation of the IncotermsⓇ 2010 rules, but does not form part of those rules.

 

Explanation of terms used in the IncotermsⓇ 2010 rules

 

As in the Incoterms 2000 rules, the seller’s and buyer’s obligations are presented in mirror fashion, reflecting under column A the seller’s obligations and under column B the buyer’s obligations. These obligations can be carried out personally by the seller or the buyer or sometimes, subject to terms in the contract or the applicable law, through intermediaries such as carriers, freight forwarders or other persons nominated by the seller or the buyer for a specific purpose.

 

The text of the IncotermsⓇ 2010 rules is meant to be self-explanatory. However, in order to assist users the following text sets out guidance as to the sense in which selected terms are used throughout the document.

 

Carrier: For the purposes of the IncotermsⓇ 2010 rules, the carrier is the party with whom carriage is contracted.

 

Customs formalities: These are requirements to be met in order to comply with any applicable customs regulations and may include documentary, security, information or physical inspection obligations.

 

Delivery: This concept has multiple meanings in trade law and practice, but in the IncotermsⓇ 2010 rules, it is used to indicate where the risk of loss of or damage to the goods passes from the seller to the buyer.

 

Delivery document: This phrase is now used as the heading to article A8. It means a document used to prove that delivery has occurred. For many of the IncotermsⓇ 2010 rules, the delivery document is a transport document or corresponding electronic record. However, with EXW, FCA, FAS and FOB, the delivery document may simply be a receipt. A delivery document may also have other functions, for example as part of the mechanism for payment.

Electronic record or procedure: A set of information constituted of one or more electronic messages and, where applicable, being functionally equivalent with the corresponding paper document.

 

Packaging: This word is used for different purposes:

 

1. The packaging of the goods to comply with any requirements under the contract of sale.

2. The packaging of the goods so that they are fit for transportation.

3. The stowage of the packaged goods within a container or other means of transport.

 

In the IncotermsⓇ 2010 rules, packaging means both the first and second of the above. The IncotermsⓇ 2010 rules do not deal with the parties obligations for stowage within a container and therefore, where relevant, the parties should deal with this in the sale contract.

 

 

DAT(DELIVERED AT TERMINAL)

 

DAT (insert named terminal at port or place of destination) IncotermsⓇ 2010

 

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.

 

“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. “Terminal” includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination.

 

The parties are well advised to specify as clearly as possible the terminal and, if possible, a specific point within the terminal at the agreed port or place of destination, as the risks to that point are for the account of the seller. The seller is advised to procure a contract of carriage that matches this choice precisely.

 

Moreover, if the parties intend the seller to bear the risks and costs involved in transporting and handling the goods from the terminal to another place, then the DAP or DDP rules should be used.

 

DAT requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.

 

A THE SELLER’S 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 obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.

 

A3 Contracts of carriage and insurance

 

a) Contract of carriage

The seller must contract at its own expense for the carriage of the goods to the named terminal at the agreed port or place of destination. If a specific terminal is not agreed or is not determined by practice, the seller may select the terminal at the agreed port or place of destination that best suits its purpose.

 

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 unload the goods from the arriving means of transport and must then deliver them by placing them at the disposal of the buyer at the named terminal referred to in A3 a) at the port or place of destination on the agreed date or within the agreed period.

 

 

B THE BUYER’S 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, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import 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. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.

 

B4 Taking delivery

The buyer must take delivery of the goods when they have been delivered as envisaged in A4.

 

A5 Transfer of risks

The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4 with the exception of loss or damage in the circumstances described in B5.

A6 Allocation of costs

The seller must pay

 

a) in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6; and

 

b) where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.

 

A7 Notices to the buyer

The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.

 

A8 Delivery document

The seller must provide the buyer, at the seller’s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.

 

B5 Transfer of risks

The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.

 

If

a) the buyer fails to fulfil its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;

or

b) the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery,

 

provided that the goods have been clearly identified as the contract goods.

 

B6 Allocation of costs

 

The buyer must pay

 

a) all costs relating to the goods from the time they have been delivered as envisaged in A4;

 

b) any additional costs incurred by the seller if the buyer fails to fulfil its obligations in accordance with B2, or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; and

 

c) where applicable, the costs of customs formalities as well as all duties, taxes and other charges payable upon import of the goods.

 

B7 Notices to the seller

The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery at the named terminal, give the seller sufficient notice thereof.

 

B8 Proof of delivery

The buyer must accept the delivery document provided as envisaged in A8.

 

A9 Checking-packaging-marking

The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.

 

The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.

 

A10 Assistance with information and related costs

The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.

 

The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.

 

B9 Inspection of goods

The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.

 

B10 Assistance with information and related costs

The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.

 

The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.

 

The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller’s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.

 

 

DAP(DELIVERED AT PLACE)

 

DAP (insert named place of destination) IncotermsⓇ 2010

 

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.

 

“Delivered at Place” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.

 

The parties are well advised to specify as clearly as possible the point within the agreed place of destination, as the risks to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely. If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.

 

DAP requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. If the parties wish the seller to clear the goods for import, pay any import duty and carry out any import customs formalities, the DDP term should be used.

 

A THE SELLER’S 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 obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.

 

A3 Contracts of carriage and insurance

 

a) Contract of carriage

The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination. If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose.

 

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 on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed date or within the agreed period.

 

B THE BUYER’S 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, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import 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. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.

 

B4 Taking delivery

The buyer must take delivery of the goods when they have been delivered as envisaged in A4.

 

A5 Transfer of risks

The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5.

 

A6 Allocation of costs

 

The seller must pay

 

a) in addition to costs resulting from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6;

 

b) any charges for unloading at the place of destination that were for the seller’s account under the contract of carriage; and

 

c) where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4.

 

A7 Notices to the buyer

The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.

 

A8 Delivery document

The seller must provide the buyer, at the seller’s expense, with a document enabling the buyer to take delivery of the goods as envisaged in A4/B4.

 

B5 Transfer of risks

The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4.

 

If

a) the buyer fails to fulfil its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods;

 

or

b) the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.

 

B6 Allocation of costs

 

The buyer must pay

 

a) all costs relating to the goods from the time they have been delivered as envisaged in A4;

 

b) all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller’s account under the contract of carriage;

 

c) any additional costs incurred by the seller if the buyer fails to fulfil its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; and

 

d) where applicable, the costs of customs formalities, as well as all duties, taxes and other charges payable upon import of the goods.

 

B7 Notices to the seller

The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.

 

B8 Proof of delivery

The buyer must accept the delivery document provided as envisaged in A8.

 

A9 Checking-packaging-marking

The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.

 

The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately.

 

A10 Assistance with information and related costs

The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.

 

The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10.

 

B9 Inspection of goods

The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.

 

B10 Assistance with information and related costs

The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10.

 

The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10.

 

The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller’s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.



내용출처 : KITA.net


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