Incoterms 2000 [antikvár]

International Chamber of Commerce FOREWORD By Maria Livanos Cattaui, Secretary Genera! of ICC The global economy has given businesses broader access than ever before to markets all over the world. Goods are sold in more countries, in larger quantities, and in greater variety. But as the volume and complexity of international sales increase, so do possibilities for misunderstandings and costly disputes when sales contracts are not adequately dratted. Incoterms, the official ICC rules for the interpretation of trade terms, facilitate the conduct of international trade. Reference to Incoterms 2000 in a sales contract defines clearly the parties' respective obligations and reduces the risk of legal complications. Since the creation of Incoterms by ICC in 1936, this undisputed worldwide contractual standard has been regularly updated to keep pace with the development of international trade. Incoterms 2000 take account of the recent spread of customs-free zones, the increased use of electronic communications in business transactions, and changes in transport practices. Incoterms 2000 offer a simpler and clearer presentation of the 13 definitions, all of which have been revised. The broad expertise of ICC's Commission on International Commercial Practice, whose membership is drawn from all parts of the world and all trade sectors, ensures that Incoterms 2000 respond to business needs everywhere. ICC would like to express its gratitude to the members of the commission, chaired by Prof. Fabio Bortolotti (Italy), its Working Party on Trade Terms, chaired by Prof. Jan Ramberg (Sweden), and to the drafting group, which comprised Prof. Charles Debattista (Chairman -UK), Robert De Roy (Belgium), Philippe Rapatout (France), Jens Bredow (Germany) and Frank Reynolds (US). INTRODUCTION 1. Purpose and scope of Incoterms The purpose of Incoterms is to provide a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. ! Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree. Frequently, parties to a contract are unaware of the different trading practices in their respective countries. This can give rise to misunderstandings, disputes and litigation, with all the waste of time and ; money that this entails. In order to remedy these problems, the International Chamber of Commerce first published in 1936 a set of international rules for the interpretation of trade terms. These rules were known as "Incoterms 1936". Amendments and additions were later made in 1953, 1967, 1976, 1980, 1990 and presently in 2000 in order to bring the rules in line with current international trade practices. It should be stressed that the scope of Incoterms is limited to matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of goods sold (in the sense of "tangibles", not i . including "intangibles" such as computer software). It appears that two particular misconceptions about Incoterms are very ! common. First, Incoterms are frequently misunderstood as applying to the contract of carriage rather than to the contract of sale. Second, they are sometimes wrongly assumed to provide for all the duties which parties may wish to include in a contract of sale. As has always been underlined by ICC, Incoterms deal only with the relation between sellers and buyers under the contract of sale, and, moreover, only do so in some very distinct respects. ' i I While it is essential for exporters and importers to consider the very practical relationship between the various contracts needed to perform an international sales transaction - where not only the contract of sale is required, but also contracts of carriage, insurance and financing -Incoterms relate to only one of these contracts, namely the contract of g sale. I 8 ¦ ¦ ' Nevertheless, the parties' agreement to use a particular Incoterm would o ^ . necessarily have implications for the other contracts. To mention a few | [, examples, a seller having agreed to a CFR- or ClF-contract cannot M perform such a contract by any other mode of transport than carriage by ^ ; ¦ sea, since under these terms he must present a bill of lading or other -| maritime document to the buyer which is simply not possible if other | ¦¦ ' modes of transport are used. Furthermore, the document required under | ' . a documentary credit would necessarily depend upon the means of ? transport intended to be used. ® .; 1