-
CARRIAGE AND INSURANCE PAID TO
运费保险费付至
CIP
(insert named place of destination) Incoterms 2010
运费保险费付至(
…
指定目的地)
p>
GUIDANCE NOTE
序言
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.
“
Carriage and
Insurance Paid to
”
means
that the seller
delivers the goods to
the carrier or another person nominated by the
seller at an agreed place (if any
such
place is agreed between the parties) and that the
seller must contract for and pay the costs of
carriage necessary to bring the goods
to the named place of destination. The seller also
contracts for
insurance cover against
the buyer
’
s risk of loss of
or damage to the goods during the carriage. The
buyer
should note that under CIP the
seller is required to obtain insurance only on
minimum cover. Should the
buyer wish to
have more insurance protection, it will need
either to agree as much expressly with the
seller or to make its own extra
insurance arrangements. When CPT, CIP, CFR or CIF
are used, the seller
fulfils its
obligation to deliver when it hands the goods over
to the carrier and not when the goods reach
the place of destination.
<
/p>
该术语适用于所选择的任一运输方式,也可被用于多式联运。
“<
/p>
Carriage and Insurance Paid to
”
是指卖方
在约定地点(如果当事人间约定了交货地点)向其
指定的承运人或其他人交货,但卖方还必须订立货物运
至指定目的地的合同并支付运费。
卖方还必须办理买方货物在运输途中灭失或损坏风险的保险。买方应该
注意
CIP
术语只要求卖方投保最低限度的保险险别。
如
买方需要更高的保险险别,
则需要与卖方明确地达成
协议,或者
自行作出额外的保险安排。当使用
CPT, CIP, CFR
或
CIF
等
术语时,卖方承担其将货物交付指
定承运人前所有风险和费用,而当货物运至指定目的地
后,由买方承担一切风险和费用。
This rule
has two critical points, because risk passes and
costs are transferred at different places.
The parties are well advised to
identify as precisely as possible in the contract
both the place of delivery,
where the
risk passes to the buyer, and the named place of
destination to which the seller must contract
for carriage. If several carriers are
used for the carriage to the agreed destination
and the parties do not
agree on a
specific point of delivery, the default position
is that risk passes when the goods have been
delivered to the first carrier at a
point entirely of the
seller
’
s choosing and over
which the buyer has no
control. Should
the parties wish the risk to pass at a later stage
(e.g., at an ocean port or an airport), they
need to specify this in their contract
of sale.
The parties are
also well advised to identify as precisely as
possible the point within the agreed
place of destination, as the costs 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
named place of destination, the seller is not
entitled to recover
such costs from the
buyer unless otherwise agreed between the parties.
CIP 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.
此术语
有两个关键点,因为风险转移和费用在不同的地方转移。在合同中,当事人应尽可能精准地指
定风险转移至买方的交货地点以及卖方必须订立合同运输货物所到的指定目的地。如果多个承运人负责将 p>
货物运送至约定目的地,且当事人没有约定特定的交货地点,那么当货物被交给完全由卖方选
择的、买方
无法支配的第一承运人时,风险即发生转移。如果当事人想要风险在最近的驿
站转移,他们需要其订立的
销售合同中予以说明。当事人应尽可能精准地指定约定目的地
中的具体交货地点,因为货物运送至该地点
所需费用由卖方负担。建议卖方订立与上述决
定适宜的运输合同。除当事人事先另有约定外,如果卖方根
据其运输合同负担了有关货物
在指定目的地卸载的费用,其无权要求买方偿还相关费用。在需要办理清关
手续时,
p>
CIP
要求卖方应负责货物的出口清关。然而,卖方并没有义务办理
货物进口清关、负担任何进口关
税或办理任何进口海关手续。
A THE SELLER
’
OBLIGATIONS
卖方义务
A1 General obligations of the seller
卖方基本义务
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.
卖方必须提供符合销售合同规
定的货物和商业发票以及按照合同约定必需的有同等作用的其他任何凭
证。以及经当事人
同意或根据交易习惯在
A1-A10
中提到的任何有同等作用的
电子记录或程序的凭证。
A2 Licences,
authorizations, security clearances and other
formalities
许可,授权,安全许可和其他正式手续
Where applicable, the seller must
obtain, at its own risk and expense, any export
licence or 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.
在需要办理清关手
续时,卖方必须承担风险和费用获得任何出口许可或其他官方授权,办理货物出口
及在交
货之前从他国过境所需的一切海关手续。
A3 Contracts of carriage and
insurance
运输合同和保险合同
a) Contract of
carriage
运输合同
The
seller must contract or procure a contract for the
carriage of the goods from the agreed point of
delivery, if any, at the place of
delivery to the named place of destination or, if
agreed, any point at that
place. The
contract of carriage must be made on usual terms
at the seller
’
s expense and
provide for
carriage by the usual route
and in a customary manner. If a specific point is
not agreed or is not
determined by
practice, the seller may select the point of
delivery and the point at the named place of
destination that best suit its purpose.
卖方必须自付费用,按照通常条件订立运输合同,依通常路线
及习惯方式,将货物运至指定目的地的
约定点。
如未约定或按惯
例也无法确定具体交货点,
则卖方可在指定的目的地选择最适合其目的的交货点。
b) Contract of insurance
保险合同
The seller
must obtain at its own expense cargo insurance
complying at least with the minimum
cover as provided by Clauses (C) of the
Institute Cargo Clauses (LMA/IUA) or any similar
clauses. The
insurance shall be
contracted with underwriters or an insurance
company of good repute and entitle the
buyer, or any other person having an
insurable interest in the goods, to claim directly
from the
required by the buyer, the
seller shall, subject to the buyer providing any
necessary
information requested by the
seller, provide at the
buyer
’
s expense any
additional cover, if procurable,
such
as cover as provided by Clauses (A) or (B) of the
Institute Cargo Clauses (LMA/IUA) or any similar
clauses, and/or cover complying with
the Institute War Clauses and/or Institute Strikes
Clauses
(LMA/IUA) or any similar
clauses. The insurance shall cover, at a minimum,
the price provided in the
contract plus
10% (i.e., 110%) and shall be in the currency of
the contract. The insurance shall cover the
goods from the point of delivery set
out in A4 and A5 to at least the named place of
destination. The seller
must provide
the buyer with the insurance policy or other
evidence of insurance cover. Moreover, the
seller must provide the buyer, at the
buyer
’
s request, risk, and
expense (if any), with information that the
buyer needs to procure any additional
insurance.
卖方必须按照英国伦敦保险业协会货
物保险条款(
LMA/IUA
)的
C<
/p>
条款或其他类似条款之规定,自付
费用取得最低限度保险险别的货
物保险。该保险应与信誉良好的保险商或保险公司订立合同,以使买方或
任何其他对货物
具有保险利益的人有权直接向保险人索赔。如果可以实现的话,根据协会货物保险条款
(
LMA/IUA
)
A
< br>条款或
B
条款或其他相似条款和
/
或根据协会战争保险条款和
/
或协会
罢工保险条款
(
LMA/IUA
)或其
他相似的条款,应买方要求并由其承担费用,由买方向卖方提供所需的任何信息,卖方
应
该提供额外的保险。
最低保险金额应包括合同规定价款另加
10
%
(即
110%
)
,
并应采用合同货币。保险期
限应按照
A4
或
A5
规定自发货地点起至少
到指定的目的地。
卖方必须向买方提供保险单或有关保险范围的其
他凭证。此外,应买方要求并由其承担费用和风险(如果有的话)
,卖方必须向买方提
供使其获得额外保险
所需的信息。
A4 Delivery
交货
The seller must deliver the goods by
handing them over to the carrier contracted in
accordance with
A3 on the agreed date
or within the agreed period.
卖方必须按照
A3
规定在约定的交货日期或期限内将货物交
付给指定的承运人。
A5 Transfer of
risks
风险转移
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.
除
B5
规定者外,卖方必须承担货物灭失或损坏的一切风险,直至已按照
A4
规定交货为止。
A6
Allocation of costs
费用划分
The seller must pay: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) the freight and all other costs
resulting from A3 a), including the
costs of loading the goods and any charges for
unloading at the place
of destination
that were for the seller
’
s
account under the contract of carriage; c) the
costs of insurance
resulting from A3
b); and d) 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
that were for the seller
’
s
account under the contract of carriage.
卖方必须支付:除按照
B6
规定应由买方支付的费用外,卖方
必须支付与货物有关的一切费用,直至已
按照
A4
规定交货为止。按照
A3 a
)规定所发生的运费和
其他一切费用,包括根据运输合同规定由卖方支付
的装货费和在目的地的卸货费;按照按
照
A3 b
)规定所发生的保险费用;在需要办理海关手续时,
货物出
口需要办理的海关手续费用及出口时应缴纳的一切关税、税款和其他费用,以及根
据运输合同规定,由卖
方支付的货物从他国过境的费用。
A7 Notices to the buyer
通知买方
The seller
must notify the buyer that the goods have been
delivered in accordance with A4.
The seller must give the buyer any
notice needed in order to allow the buyer to take
measures that
-
-
-
-
-
-
-
-
-
上一篇:国际贸易的付款方式及交货条款
下一篇:财务报表英文翻译