The international sales contracts

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Since 1936, the International Chamber of Commerce of Paris has published successive editions of a given set of delivery clauses with international scope, known as INCOTERMS rules. (International Commercial Terms). These were reviewed periodically in the years 1953, 1967, 1976, 1980, 1990 and last edition in 2000.

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Their mission is to interpret and regulate in a uniform way the negotiation of the international sales contracts. INCOTERMS 2000 edition is the result of the work of a group of 40 members of the Working Committee of the trading practices of the International Chamber of Commerce in Paris. For the first time, have participated representatives of U.S.A and Japan, which increased the degree of universality of the rules.

INCOTERMS 2000 rules have been validated by the Executive Committee of CIC Paris and published in Publication 560 from January 1, 2000 of the same NGOs. INCOTERMS 2000 rules do not bring significant changes to the INCOTERMS 1990, but cover some shortcomings, contains a more concise, more precise and give more certainty for exporters and importers from anywhere in the world. The interventions made are meant to clarify several issues aimed starting with the stage of negotiation and conclusion of the international sales contract. They provide a common language for business on any market and in almost any country. Are accepted as such in EU countries, other countries of free trade areas and basically entered into current use in China, the Middle East, the African and South American countries. There is however one major exception to the universality of INCOTERMS 2000 and it rules the rules RAFTD 1941 (Revised American Foreign Trade Definition 1941) still applied by many U.S. retailers. For the main contrast to the INCOTERMS FOB (which has 6 variants in the American) is recommended attention to the threat of the American’s FOB contracts with partners in USA.

The last INCOTERMS version was published in 2000. In any international sales contract we have the problem of establishing procedures for the delivery, the transfer of risk and the division between seller and buyer of the expenses with the transport of goods (insurance of the goods, the value of transportation).

INCOTERMS are internationally accepted commercial terms defining the state and the buyer’s and seller’s operating role in the transport of goods, ownership of goods, ensuring goods. In legal terms INCOTERMS rules are optional and dependent on the will of the parties, the partners may include in the contract other specific requirements. In a contract, the action of INCOTERMS is limited to specific rights and obligations imposed on parties for the delivery of goods sold.

The realities from the international trade have shown that the implementation of each term regarding the different means of delivery, represent costs that can not be neglected, their inclusion in the contract requires clarification,

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