商法精品教学（广东外语外贸）Lecture 1 fundamentals-Han.pptVIP

11 terms in Incoterms 2010 are arranged into the two groups: Any Mode of Transport CIP – Carriage and Insurance Paid CPT – Carriage Paid To DAP – Delivered At Place DAT – Delivered At Terminal DDP – Delivered Duty Paid EXW – Ex Works FCA – Free Carrier Sea and Inland Waterway Transport Only CFR – Cost and Freight CIF – Cost, Insurance and Freight FAS – Free Alongside Ship FOB – Free On Board To understand those terms: Seller’s obligations Buyer’s obligations Passing of risk of loss DAT “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. Seller’s obligations Contracts of carriage and insurance Delivery Buyer’s obligations import clearance ---obtain, at its own risk and expense, any import licens.e or other official authorization and carry out all customs formalities for the import of the goods Passing of the risk The seller bears all risks of loss of or damage to the goods until they have been unloaded at the terminal at the named port or place of destination Some questions: 1. Now Incoterms 2010 has been in effect. But if you really prefer Incoterms 2000, may you still use Incoterms 2000 rather than Incoterms 2010 in your international sales contract? 2. Can Incoterms 2010 be used in a purely domestic sales contract? How to decide the applicable law to an international sales contract ? If the contract contains a valid choice of law clause, this clause is binding. If there is no clause to this effect, consider the applicability of international convention (CISG) If the international convention does not apply, resort to private international law rules (conflict of laws ).--- national law In-class Discussion You are the vice president of sales for DownPillow Intern