国际商法11章.ppt

CHAPTER 11 TRANSPORTATION CHAPTER 11TRANSPORTATION Topics for this chapter: Trade Terms Transportation Inland Carriage Carriage of Goods by Sea Charterparties Maritime Liens Maritime Insurance Carriage of Goods by Air Trade Terms Trade terms are standardized terms used in sales contracts that describe the time, place, and manner of the transfer of goods from the seller to the buyer. Incoterms are the most widely used trade terms published by the International Chamber of Commerce. Case 11-1: St. Paul Guardian Ins. Co. v. Neuromed Med. Sys. Plaintiff St. Paul Guardian was subrogee of Shared Imaging, who purchased an MRI machine from defendant Neuromed. MRI machine was damaged in transit. The contract stated that the MRI scanner was to be shipped “CFI, New York seaport.” Plaintiff contends that because the defendant retained title to the machine until it arrived in Illinois, the risk of loss did not pass. St. Paul v.Neuromed Issue: Did the risk of loss pass to the buyer in Germany once the defendant delivered the MRI scanner to the carrier? Held: The CISG incorporated the relevant Icoterms and shipping the scanner CIF New York meant that the risk of loss passed to the buyer once the goods were loaded onto the carrier in Germany for the trip to NY. Ownership does not affect risk of loss. Incoterms (Revised 2000) Free Terms When used in a trade term, free means that the seller has an obligation to deliver goods to a named place for transfer to a carrier. FOB-Free On Board – Seller fulfills his/her obligations to deliver when the goods have passed over the ship’s rail at the named port of shipment. FAS-Free Alongside – Seller fulfills obligations to deliver when goods have been placed alo