Hottest trade terms Incoterms 2000 I

2022-08-09
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[trade terms] - Incoterms 2000 Incoterms 2000

(the sixth revision of the International Chamber of Commerce in July 1999 and effective on January 1, 2000)

Chinese introduction

I The purpose and scope of Incoterms

the purpose of Incoterms (hereinafter referred to as Incoterms) is to provide a set of international rules for the interpretation of the most commonly used trade terms in international trade, so as to avoid the uncertainty caused by different interpretations of countries, or at least reduce this uncertainty to a considerable extent

it often happens that both parties to the contract do not know each other's trade habits. This will lead to misunderstandings, disputes, and lawsuits, thus wasting time and expenses. In order to solve these problems, the International Chamber of Commerce (ICC) first published a set of international rules for the interpretation of trade terms in 1936, called Incoterms 1936, and later in 1953, 1967, 1976, 1980 and 1990. Now it is supplemented and revised in the 2000 version, so as to adapt these rules to the development of current international trade practice

it should be emphasized that the scope of incoterms is limited to matters related to the delivery of goods sold (referring to "tangible" goods, excluding "intangible" goods, such as computer software) in the rights and obligations of the parties to the sales contract

there seem to be two very common misconceptions about Incoterms. One is that Incoterms are often considered applicable to contracts of carriage rather than sales contracts. The second is that people sometimes mistakenly think that it stipulates all that the parties may wish to include in the sales contract

first of all, as ICC has always emphasized, Incoterms only involves the relationship between the buyer and the seller in the sales contract, and is limited to some very clear aspects

it is of course necessary for importers and exporters to consider the actual relationship between the various contracts needed to complete international sales. Completing an international trade requires not only sales contracts, but also transportation contracts, insurance contracts and financing contracts, and Incoterms only involves one of them, namely, sales contracts

however, when both parties agree to use a specific trade term, it will inevitably affect other contracts. For example, when the Seller agrees to use CFR and CIF terms in the contract, he can only perform the contract by sea, because under these two terms, he must provide the buyer with a bill of lading or other shipping documents, and if other modes of transportation are used, these requirements cannot be met. Moreover, the documents required by the documentary credit will inevitably depend on the mode of transport to be used

secondly, Incoterms involves a number of specific obligations set for the parties, such as the obligation of the seller to place the goods at the disposal of the buyer, or to deliver the goods or deliver them at the destination, as well as the division of risks between the parties

generally, Incoterms does not involve the consequences of breach of contract or disclaimers caused by various legal obstacles. These problems must be solved through other terms in the sales contract and applicable laws

incoterms has been mainly used for cross-border sales and delivery of goods. Therefore, it is an international business term. However, sometimes Incoterms are also used in contracts for the sale of goods in the pure domestic market. In this case, A2, B2 and any terms related to import and export in Incoterms will of course become redundant

II Why is it necessary to revise Incoterms

the main reason for continuously revising incoterms is to adapt it to the practice of contemporary business. The 1980 revision introduced the term free carrier (now FCA), which is intended to adapt to the situation that often occurs in maritime transportation, that is, the point of delivery is no longer the traditional FOB point (the goods cross the ship's rail), but to a point on land before loading the goods, where the goods are loaded into containers, so that they can continue to be transported by sea or other means of transportation (the so-called combined or multimodal transportation)

in the 1990 revision, the provisions relating to the obligation of the seller to provide proof of delivery allow electronic data interchange (EDI) messages to replace paper documents when the parties agree to communicate electronically. There is no doubt that in order to make Incoterms more convenient for physical operation, its drafting and presentation have been improved

in the future, it will provide technical support for plastic enterprises in Dongguan region During the two-year revision process of Incoterms 2000

ICC did its best to absorb the opinions and suggestions of international trade practitioners in various industries through ICC national committees, and completed many revisions of the revised draft. Fortunately, during this revision of Incoterms, ICC received more feedback from users around the world than ever before. The result of the communication between ICC and Incoterms users produced the Incoterms 2000 version. Compared with Incoterms 1 leading the market and one step capturing business opportunities 990, it seems to have changed little. The number shows that the automatic impact tester generates signals through the high-speed load measurement sensor. The reason is obvious, that is, Incoterms has been recognized by the world, so ICC decided to consolidate the recognition of Incoterms worldwide and avoid changing for the sake of change. On the other hand, during the revision process, ICC tried to ensure that the language in Incoterms 2000 clearly and accurately reflected international trade practices. The new version has made substantive changes in the following two aspects:

under the terms of Fas and DEQ, the obligation to handle customs clearance procedures and pay tariffs

loading and unloading obligations under FCA terms

both substantive and formal changes are made on the basis of extensive surveys of Incoterms users, and since 1990, Incoterms

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