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我某外贸公司以CIF条件进口钢材一批,货卸海口港码头后,船方开来卸货费和导航费,要求我外贸公司(买方)支付。船方出示与外商(卖方)签订的租船合同中订有的“Berth Terms F.O.”(码头条件,卸货费与船方无关)条款。在此情况下,我方能否同意船方的要求,支付卸货费?这里存在买卖双方在签订合同时如何使贸易术语与运输货物的装卸费更好的衔接问题。 首先,让我们来看一下《INCOTERMS1990》有关CIF条件下买卖双方义务的规定。在卖方义务中
A certain foreign trade company imported a batch of steel under the condition of CIF. After the goods were unloaded from the port of Haikou, the ship’s party opened the unloading and navigation expenses, and asked my foreign trade company (the buyer) to pay. The ship’s party presented the “Berth Terms F.O.” clause in the charter party signed with the foreign seller (seller) (the term of the wharf, unloading fee has nothing to do with the ship owner). Under this circumstance, can we agree with the ship’s request and pay the unloading fee? There is a problem of how the buyers and sellers can make the trade terms better connected with the loading and unloading fees for the goods when signing the contract. First, let us take a look at the provisions of INCOTERMS 1990 regarding the obligations of buyers and sellers under the conditions of CIF. In the obligations of the seller