国际贸易实务(英文版)(第二版)ppt周瑞琪6Cargo Transp

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2.2 Basics of Incoterms 2000
2.2.1 Scope of Governance
Parties involved: concerning only 2 parties -seller & buyer
Document applied: only to the contract of sale
and risk distribution between the parties
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2.2.1 Scope of Governance
Obligation
Obligation -- a legal duty to do something according to a certain agreement.
Specific aspects governed: only settle matters
concerning the delivery of tangibles goods sold
Focusing only on the delivery of tangible goods Delivery also indicating the transfer of obligations, cost
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Warsaw-Oxford Rules 1932
Initially in 1928---“Warsaw Rules, 1928”
22 provisions governing the rights and obligations of the parties to a sale of goods on CIF (Cost, Insurance and Freight) contract terms.

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1.4 Export and import procedures
The preparation of a transaction The negotiation of the contract The performance of the contract The settlement of disputes
Direct trade
Two parties involved: the importer and the exporter
Indirect trade
Three parties involved: the exporter, the importer and the intermediate party
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1.4.1 The preparation of a transaction
Finding the potential partner
Sources of information
Reference provided by the foreign partners The nearest consulate office International or local chamber of commerce Consulting firms Foreign exchange banks Trade directories and publications
trade realize the importance of contract
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Concept of international trade
International trade / world trade / foreign trade / overseas trade

within the contract
understand the conditions for breach of contract and
settlement of claims
describe ways of stipulating claim clauses in a sales contract
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9.1.1 Time and place of inspection
Inspection at the factory or at the port of shipment (also shipping quality and weight)
The goods are inspected at the factory or at the port of shipment
mandatory inspection eg. The Food and Drugs Administration (FDA) in USA, The State
Administration for Commodity Inspection (SACI) in China
be aware of the issues to be considered in the negotiation of arbitration
describe the ways of stipulating an arbitration clause in a sales
contract
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Chapter Nine
Inspection, Claim, Force Majeure and Arbitration
Learning objectives

“Risk” refers to accidental damage to the goods.
time: when does the risk pass from the sellers to the
buyers?
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2.2.2 Categorization of Terms
Arrival
Delivered at Frontier (…named place) Delivered Ex Ship (…named port of destination) Delivered Ex Quay (…named port of destination) Delivered Duty Unpaid (…named place of destination) Delivered Duty Paid (…named place ofSdEeIsBtionf aGtDioUnF)S
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2.2 Basics of Incoterms 2000
2.2.1 Scope of Governance
Parties involved: concerning only 2 parties -seller & buyer
Document applied: only to the contract of sale
货交承运人（…指定地点） 船边交货（ …指定装运港） 船arriage paid
Cost and Freight (…named port of destination)
成本加运费（ …指定目的港）
Cost, Insurance and Freight (…named port of destination)

Balance of Payments The balance of payment = the difference between money coming into a country and money going out of the country + money flows coming into or leaving a country from other factors. favorable balance of payments VS unfavorable balance of payments
In contrast, portfolio or indirect investments, are chiefly motivated by short- to medium-term profits. They may include equity investments that do not involve an active role in management or bonds and other debt instruments issued by foreign companies and governments. As financial markets around the world become increasingly integrated in recent years, international portfolio investments have become popular with investors as a vehicle of diversification further hastening the process of international financial integration.

Visible trade / tangible goods trade
Mostly consuming goods: cars, wines, shoes etc. Needs customs declaration
Invisible trade / intangible goods trade
services and technology Needs no customs declaration
and restrictions
Sources of information
Domestic organizations: Ministry of Commerce and its provincial committees
Overseas organizations: Chinese Embassy, the Local banks, the agent and the local newspaper / journal articles
trade realize the importance of contract
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Concept of international trade
International trade / world trade / foreign trade / overseas trade
If unable to apply or get the import and export licenses
The exporter needs to consider to do business under EXW term
The importer needs to consider to do business under DDP term

Issues concerning quality clause in sales contract:
adopting the right way avoiding double standard being clear, practical and reasonable making use of Quality Latitude or Tolerance making price adjustment when necessary inserting seller's protecting clause when necessary
compose quality, quantity and packing clauses
properly
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4.1 Name of commodity
Significance
CISG Article 35: The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract
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4.2 Quality stipulation –Sale by description
Sale by origin
to use the name of the place of origin as the indication for quality
Example

Tetracycline HCL Tablets (Sugar Coated) 250mg. B. P. 1973 China Northeast Soybean 2006 New Crop, F. A. Q: Moisture 15% max. Admixture 1% max.
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Sony Televisions Haier Refrigerators Tigerhead batteries Panasonic Television, TH-42PV65C
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4.2 Quality stipulation –Sale by description
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4.2 Quality stipulation –Sale by description
Sale by standard
when specifications or grades are laid down and proclaimed in a unified way, they become standards. Example
4.2 Quality
Definition:
refers to the intrinsic elements of commodities including the internal properties or ingredients as well as the external appearance..
G.M.Q.:
the quality of the goods offered are sufficiently good to satisfy the purposes for use or consumption which are mutually understood by the buyer and the seller used sometimes as the bottom-line of quality requirement.

Table 3.2 FOB Costing Worksheet
FOB
+ + + +
+ =
Free on Board Factory purchasing cost Profit margin Transport cost from plant to shipping port Transport insurance to shipping port (optional) Storage costs, terminal handling charge (THC), loading onto ship charge Export customs clearance cost FOB (Named port of shipment)
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3.3 Calculation of price
Item Manufacturing cost + Export packaging (depending on mode of transport) + Profit margin – Discounts/rebates/volume discounts/sales commission = Selling price ex works (EXW) + Transport costs from plant to place of loading (train/truck) = Selling price free carrier (FCA) + Transport costs from place of loading to shipping port + Unloading at harbour + Transport insurance to shipping port = Selling price free alongside ship (FAS)

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5.2 Other modes of transportation
Air Transportation Rail Transportation & Road Transportation International Multimodal Transportion
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5.1.1 Liner transportation
Additional
Heavy lift additional e.g. for cargo over 5 MT per unit Lengthy cargo additional e.g. for cargo over 9m per unit Bulky cargo additional e.g. for cargo over 6cbm per unit …
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5.1.2 Charter transportation
Charter party
the contract between the ship-owner (carrier) and the charterer (shipper) Contents
the contract parties the ship conditions: e.g. the ship’s name, age, nationality, tonnage voyage: e.g. ports of shipment & destination charter freight division of loading & unloading cost lay days, demurrage & dispatch freight payment terms SEIB OF GDUFS ..

know other modes of transportation in terms of their features, suitability and freight calculation
be aware of the importance of ocean bill of lading and its different types
Minimum rate
USD150/B/L
Open rate
To be negotiated
Figure 5.1 Examples of Liner Freight Rate
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5.1.1 Liner transportation
Surcharges
Bunker Surcharge
describe a range of other transportation documents stipulate delivery clause in a sales contract
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5.1 Ocean Transportation
Liner transportation Charter transportation
non-conference liners
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5.1.1 Liner transportation
Liner Freight
= basic freight rate + surcharges and additional
Calculation formula of liner freight
Total Freight
= Total Quantity × Basic Freight Rate

Bulky cargo additional e.g. for cargo over 6cbm per unit
…
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5.1.1 Liner transportation
Freight calculation: Illustration
Suppose: Company A exports 1000 cases of Commodity Y to London. The volume per case is 40cm x 30cm x 20cm, and the gross weight is 30kg per case. For Commodity Y, the freight rate basis is W/M, and the Freight Tariff (China — London) is USD230, with a 10% port surcharge. How much is the total freight?
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5.2.1 Air Transportation
Types of air transportation
scheduled airlines chartered carriers consolidated consignment air express
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5.1.2 Charter transportation
Characteristics
No fixed routes No fixed timetables Freight charged on the volume of cargo Suitable for cargo of a complete shipload (e.g. bulk

Sale by Brand Name or Trade Mark
Sale by Place of Origin
Sale by Descriptions and Illustrations
Sale by Seller’s Sample
Sale by Sample
Sale by Buyer’s Sample
to avoid misunderstanding and the subsequent disputes, however, it is recommended to lay down some major specifications
SEIB OF GDUFS源自74.2 Quality stipulation –Sale by description
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4.2 Quality stipulation –Sale by
description
Sale by standard
when specifications or grades are laid down and proclaimed in a unified way, they become standards.
describe the approaches to weight calculation
understand the functions and features of different types of export packaging
identify marking on SEIB OF the GDUFS packing of goods 2
be indicated simply by stating its grade, as presumably the seller and the buyer are supposed to have reached a consensus on the classification implication of grades.

给买方时，即履行了交货义务，除非另有约定，卖方不负 责将货物装上买方备妥的车辆，也不负责出口清关，买方 要负担自卖方所在处所提取货物后至目的地的一切费用和 风险，这是卖方责任最小的一种术语。若买方无法办理出 口手续，应用FCA。
工厂交货术语EXW
▪ 双方义务： ➢ 卖方：
在合同规定的时间、地点，将合同要求的货物置于买方 的处置之下。
DDP
《通则》说明（2）
▪ 两个关键点（critical points） ✓ 风险划分点（point for division of risk） ✓ 费用划分点（point for division of costs）
▪ 卖方义务和买方义务
E
F
C
D
卖方义务逐渐增加，费用承担增加，风险增加 买方义务逐渐减少，费用承担减少，风险减少
▪ 本规则主要在北美大陆使用，因其FOB的定义与 INCOTERMS不同，所以在同该区域客户贸易时应注意贸易 术语的定义。
▪ Incoterms《国际贸易术语解释通 则》
▪ 该通则由国际商会于1936年制订，曾于
1953年、1967年、1976年、1980年进行过 修订和补充，是使用最广、影响最大的有 关贸易术语的国际惯例。最近一次修订的 版本定名为《2000年国际贸易术语解释通 则》(INCOTERMS2000)，作为国际商会出 版物颁布，已于2000年1月1日开始实施。
➢ 风险于货物越过船舷或交付承运人监管时转移。
D组（到达delivered）DAF, DES, DEQ, DDU, DDP－卖方负责将货 物运至约定的目的港或目的地并承担货物交到目的港或目的地 为止的一切费用和风险。
《通则》说明（1）
▪ 共13个贸易术语 ▪ 分为四组

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3.3.3 CIF Price
If FOB price is available
CIF = FOB + Ocean Freight + Insurance Premium
If CFR price is available
CIF = CFR + Insurance Premium
Calculation of Insurance Premium (I)
Warehousing and transporting charge, insurance premium, taxes and tariffs, customs duties
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3.2 Pricing considerations
Anticipated profit margin
in an absolute number in a percentage → profit margin
Capability of target market
Referring to the consumption power, income level, supply and demand relationship
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Conversion of FOB, CFR & CIF Prices
Conversion of FOB to other prices
CFR = FOB + F CIF = (FOB + F) / [1 – (1+markup) x R]
Conversion of CFR to other prices