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,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,*,*,Chapter 4,CFR-Cost and Freight,CIF-Cost,Insurance and Freight,Chapter 4CFR-Cost and Freight,1,I.Guidance Note,“Cost and Freight”means that the seller delivers the goods on board the vessel or procures the goods so delivered,1)Transfer of risks,The dividing point of,risks,is the same as that of FOB:,on board the vessel.,2)Allocation of costs,The dividing point of,costs,is the port of destination.,Two critical points are involved,which is different from FOB,only one point.,.,I.Guidance Note,2,3)Additional costs,The risks and additional costs after the goods are placed on board the vessel are to be borne by the buyer,same as FOB.,4)Export clearance,by the seller,same as FOB.,3)Additional costs,3,5)Obligation to deliver,When CPT,CIP,CFR or CIF are used,the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner in the chosen rule and,not,when the goods reach the place of destination.,The seller must pay and freight necessary to bring the goods to the named port of destination,but not deliver the goods to the destination.,5)Obligation to deliver,4,6),CFR may not be appropriate where the goods are handed over to the carrier before they are on board the vessel,for example,goods in containers,which are typically delivered at a terminal.In such circumstances,the CPT rule should be used.,6)CFR may not be appropriate,5,II.Sellers and Buyers Obligations,1.,A3.Contracts of carriage and insurance:,Contract of carriage,:,1)The seller must contract for carriage with the carrier at his own expense,charter the ship or book the shipping space.,2)The seller must pay,the freight,necessary to bring the goods to the port of destination.,II.Sellers and Buyers,6,3)Article 32.2 of CISG:,“If the seller is bound to arrange for carriage of the goods,he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.,(如果卖方有义务安排货物的运输，他必须订立必要的合同，以按照通常运输条件，用适合情况的运输工具，把货物运到指定地点。),Therefore,if the seller does not arrange for the carriage of the goods to the destination,he violates the contract.,3)Article 32.2 of CISG:,7,4)Contract for insurance:,The seller has no,obligation to the buyer to make a contract of insurance.,32.3 of CISG:,“,If the seller is,not,bound to effect insurance in respect of the carriage of goods,he must,at the buyers request,provide him with all available information necessary to enable him to effect such insurance.”,如果卖方没有义务对货物的运输办理保险，他必须在买方提出要求时，向买方提供一切现有的必要资料，使他能够办理这种保险。,4)Contract for insurance:,8,B3.Contract of Carriage and Insurance:The buyer has no obligation to the seller,Under CFR contract,the seller is responsible for the carriage of the goods,so the buyer has no obligation to the seller to sign a contract of carriage.,B3.Contract of Carriage and I,9,As to the insurance,the buyer has no obligation to the seller.,(对卖方无义务办理保险，办理保险对自己有利，而不是对卖方尽义务。）,But,it is,in the buyers interest,to procure insurance for the goods when they have place on borad the vessel.Under CFR,the buyer usually procures insurance for the goods.,As to the insurance,the buye,10,When the goods are on board,the risks of loss of,or damage to the goods are then transferred from the seller to the buyer.So whether the goods are to be insured and against what risks the goods should be insured rest wholly with the buyer.,When the goods are on board,11,A4:Delivery,The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.,B4.The buyer must take delivery of the goodsand receive them from the carrier at the named port of destination.,货物已按 A4条的规定交付时，买方必须,提取,货物，并在指定目的港向承运人,收取,货物。,A4:Delivery,12,Two receiving points under CFR:,1),on board the vessel,at the port of shipment.In practice,at this point the carrier receives the goods delivered by the seller.,13,2),at the port of destination.,In practice,at this point the buyer receives the goods from the carrier,which is a contractual obligation of the buyer to the seller.If the buyer fails to fulfill this obligation,it should reimburse the seller the additional costs incurred because of the buyers violation of the contract.,2)at the port of destinatio,14,A5:Transfer of risks,“risks of loss of or damage to the goods”here do not include the risks caused by the buyer.For example,if the buyer fails to give notice in accordance with B7,the risks of loss of or damage to the goods should be borne by the buyer,(,Premature transfer of risks,).,A5:Transfer of risks,15,B5.The buyer bears all,risks,of loss of or damage to the goods from the time they have been delivered as envisaged in A4.,a.,“risks of loss of or damage to the goods”are related to risks of contingencies on the sea,such as storm,fire,collision,etc.,The risks do not include the loss or damage to the goods,caused by the seller,such as insufficient packing,the goods that contain defects,
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