国际贸易实务(英文版)  International Trade Practice
  周瑞琪 王小欧 徐月芳 编著
Chapter two
IV. Short questions
1.Who pays for loading for shipment under FOB?
答：Seller.
2.Who pays for unloading under CIF?
答：Buyer.
3.Compare and contrast FOB, CFR and CIF?
答：Similarities: a. Seller’s risk will be transferred to the buyer when the goods pass the ship’s rail. b. Seller is responsible for export customs formalities while buyer is responsible f
or import customs formalities. c. Buyer is responsible for unloading the goods at the port of destination. d. All three terms can only be used for waterway transportation. Differences: a. FOB requires the buyer to arrange and pay for the ocean transportation; CFR requires the seller to arrange and pay for the ocean transportation; CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer’s risk.
4.What are the two types of trade terms concerning the transfer of risks?
答：Shipment contract terms vs. arrival contract terms. Under shipment contract terms seller’s risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms seller will bear the risk of the goods until the goods arrive the destination.
5.What are the differences and similarities between CPT and CFR?
答：Major similarities: a. seller should contract and pay for the major carriage. b. Seller is
not taking the risk of loss or damage to the goods during the transportation. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.
6.What are the differences and similarities between CIP and CIF?
答：Major similarities: a. seller should contract and pay for the major carriage. b. Seller is not taking the risk of loss or damage to the goods during the transportation. c. Seller must obtain insurance against buyer’s risk. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.
7.If you trade with an American, is the sales contract subject to Incoterms without any dou
bt? What should you do?
答：No. The Revised American Foreign Trade Definitions 1941 is still in use, especially among the North American area. It has different interpretation about some trade terms. The traders should clarify the choice of rules before any further discussion.
8.What are the most commonly used trade terms?
答：FOB,CFR & CIF.
9.Who is responsible for carrying out customs formalities for exports under an FOB contract?
答：Seller. According to Incoterms 2000, except EXW and DDP these two terms, all the other eleven terms require the seller to handle the export customs formalities, while buyer the import customs formalities.
10.If a Chinese trader signs a FOB Hamburg contract, is he exporting or importing?
答：Importing. FOB should be used with a “named port of shipment”, if Hamburg is the port of shipment, from the Chinese trader’s perspective, he is importing.
margin rateV．Case Studies
1.    An FOB contract stipulated, "The shipment will be effected in March 2008. If the vessel fails to arrive at the port of shipment on time, the seller agrees to set aside the goods for additional 27 days, and the buyer will bear all costs of delay." it turned out that under the seller's repeated requests, the vessel named by the buyer finally arrived at the port of shipment on May 1. As a result, the seller refused to make the shipment.
(1)Was the seller entitled to compensation for the warehouse rent, insurance and interest due to the delay?
(2)If the seller had sold the goods to a third party on April 25, should the buyer pay for the delay?
(3)If the seller had sold the goods to a third party on May 1 with a better price, was he enti
tled to any compensation?
析： a案例中提到“shipment will be effected in March 2008”,这种确定装运时间的方式允许在整个3月份期间的任何时间进行装运。也即是说，装运的最后期限为08年3月31日。b文中提到的“additional 27 days”,根据合同卖方同意在买方船期延误的情况下为其将货物保留到4月27日。
（1）答案：Yes。
答题切入点：a FOB术语关于双方费用划分的规定；b 合同本身的条款规定。
（2）答案：No。
答题切入点：合同本身的条款规定。
（3）这题与第一题相比，不同的一点在于“with a better price”。解答时应对这一点进行分析：在卖方卖出货物获得更高利润的情况下，他是否还应获得相关赔偿？
答案：Yes。
答题切入点：合同本身的条款规定。
2.    A contract to sell grain used a CFR term. The grain was officially certified as Grade One at the time of being delivered on board at the port of shipment. After making the shipment, the seller gave the buyer timely notice. However, due to the long voyage, some grain went bad. At the destination, the grain could only be sold as "Grade 3". Consequently, the buyer claimed compensation for the damage. Should the seller pay?

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