FOB贸易术语解释〔中英文〕
FREE ON BOARD
(... named port of shipment)
"Free on Board" means that the seller delivers when the goods pass the ship''s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point. The FOB term requires the seller to clear the goods for e*port. This term can be used only for sea or inland waterway transport. If the parties do not intend to deliver the goods across the ship''s rail, the FCA term should he used.
A THE SELLER''S OBLIGATIONS
B THE BUYER''S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity winch may be required by the contract.
B1 Payment of the price
The buyer must pay the price as provided in the contract of sale.
A2 Licences, authorisations and formalities
The seller must obtain at his own risk and e*pense any e*port licence or other official authorisation and carry out, where applicable1 , all customs formalities necessary for the e*port of the goods.
B2 Licences, authorisations and formalities
The buyer must obtain at his own risk and e*pense any import licence or other official authorisation and carry out, where applicable2, all customs formalities for the import of the goods and, where necessary, for their transit through any country . A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation3
b) Contract of insurance
No obligation 4 .
B3 Contract of carriage and insurance
a) Contract of carriage
The buyer must contract at his own e*pense for the carriage of the goods from the named port of shipment.
b) Contract of insurance
No obligation.5
A4 Delivery
The seller must deliver the goods on the date or within the agreed period at the named port of shipment and in the manner customary at the port on board the vessel nominated by the buyer.
B4 Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship''s rail at the named port of shipment.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship''s rail at the named port of shipment; and frorn the agreed date or the e*piry date of the agreed period for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him flails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
A6 Division of costs
The seller must, subject to the provisions of B6, pay all costs relating to the goods until such time as they have passed the ship''s rail at the named port of shipment;
and Where applicable6 , the costs of customs formalities necessary for e*port as well as all duties, ta*es and other charges payable upon e*port.
B6 Division of costs
The buyer must pay all costs relating to the goods from the time they have passed the ship'' s rail at the named port of shipment; and any additional costs incurred, either because the vessel nominated by him fails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because the buyer has failed to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods; and where applicable7,all duties, ta*es and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4.
B7 Notice to the buyer
The buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller''s e*pense with the usual proof of delivery in accordance with A4.
Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer, at the latter''s request, risk and e*pense, every assistance in obtaining a transport document for the contract of carriage (for e*ample, a negotiable bill of lading, a non -negotiable sea waybill, an inland waterway document, or a multimodal transport document) .
Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange (EDI) message.
Proof of delivery, transport document or equivalent electronic message The buyer must accept the proof of delivery in accordance with A8.
A9 Checking - packaging - marking
The seller must pay the costs of those checking operations ( such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4.
set asideThe seller must provide at his own e*pense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of the goods, to the e*tent that the circumstances relating to the transport (for e*ample modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately.
B9 Inspection of goods
The buyer must pay the costs of any pre - shipment inspection e*cept when such inspection is mandated by the authorities of the country of e*port.
A10 Otber obligations
The seller must render the buyer at the latter''s request, risk and e*pense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued
or transmitted m the country of shipment and/or of originwhich the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance.
B10 Other obligation
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
1 Refer to Introduction Paragraph14
2 Refer to Introduction Paragraph14
3 Refer to Introduction Paragraph10
4 Refer to Introduction Paragraph10
5 Refer to Introduction Paragraph10
6 Refer to Introduction Paragraph14
7 Refer to Introduction Paragraph14
一、对FOB术语的解释
FREE ON BOARD(...named port of shipment)，即装运港船上交货〔……指定装运港〕。此术语是指卖方在约定的装运港将货物交到买方指定的船上。按照"2000年通则"规定，此术语只能适用于海运和内河航运。但是，如合同当事人不采用越过船舷交货，则采用FCA术语更为适宜。 (一) 买卖双方根本义务的划分
按国际商会对FOB的解释，买卖双方各自承当的根本义务。概括起来，可作如下划分：1．卖方义务
(1)在合同规定的时间或期限内，在装运港，按照习惯方式将货物交到买方指派的船上，并及时通知买方。
(2)自负风险和费用，取得出口许可证或其他官方批准证件。在需要办理海关手续时，办理货物出口所需的一切海关手续。
(3)负担货物在装运港越过船舷为止的一切费用和风险；
(4)自付费用提供证明货物已交至船上的通常单据。如果买卖双方约定采用电子通讯，则所有单据均可被具有同等效力的电子数据交换(EDI)信息所代替。
2．买方义务
(1)自负风险和费用取得进口许可证或其他官方批准的证件。在需要办理海关手续时，办理货物进口以及经由他国过境的一切海关手续，并支付有关费用及过境费；
(2)负责租船或订舱，支付运费，并给予卖方关于船名、装船地点和要求交货时间的充分的通知；
(3)负担货物在装运港越过船舷后的一切费用和风险；
(4)承受卖方提供的有关单据，受领货物，并按合同规定支付货款。
(二) "1941年美国对外贸易定义修订本"对FOB的解释
"1941年美国对外贸易定义修订本"对FOB的解释分为六种，其中只有：指定装运港船上交货〞 (FOB Vessel，"named port of shipment〞)与"2000年通则"对FOB术语的解释相近。所以，"1941年美国对外贸易定义修订本"对FOB的解释与运用，同国际上的一般解释与运用有明显的差异，这主要表现在以下几方面：
1．美国惯例把FOB笼统地解释为在*处*种运输工具上交货，其适用范围很广，因此，在同美国、加拿大等国的商人按FOB订立合同时，除必须标明装运港名称外，还必须在FOB后加上"船舶〞(Vessel)字样。如果只订为"FOB SanFrancisco〞而漏写"Vessel〞字样，则卖方只负责把货物运到旧金山城内的任何处所，不负责把货物运到旧金山港口并交到船上。
2．在风险划分上，不是以装运港船舷为界，而是以船舱为界，即卖方负担货物装到船舱为止所发生的一切丧失与损坏。
3．在费用负担上，规定买方要支付卖方协助提供出口单证的费用以及出口税和因出口而产生的其他费用。