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Interpretation On Incoterms 20001, EX WORKS ( named place )“ Ex works ” means that the seller delivers when he places the goods at the disposal of the buyer at the seller premises or another named place ( i.e. works, factory, warehouse , etc.) not cleared for export and not loaded on any collecting vehicleThis term thus represents the minimum obligation for the seller, and the buyer. has to bear all costs and risks involved in taking the goods from the sellers premises.However, if the party wish the seller to be responsible for the loading of the goods on departure and bear the risks and all the costs of such loading , this should be made clear by adding explicit wording to this effect in the contract of sale. This term should not be used when the buyer cannot carry out the export formalities directly or indirectly . In such circumstances, the FCA term should be used , provided the seller agrees that he load at his cost and risk .A THE SELLER,S OBLIGATIONSA1 Provision of goods in conformity with the contractA 2 Licenses , authorizations and formalitiesThe seller must render the buyer, at the latters request, risk and expense , every assistance in obtaining , where applicable , any export license or other official authorization necessary for the export of the goods .A 3 Contract of carriage and insurancea) Contract of carriageNo obligation .b) Contract of insuranceNo obligation .A 4 DeliveryThe seller must place the goods at the disposal of the buyer at the named place of delivery , not loaded on any collecting vehicle , on the date or within the period agreed or , if no such time is agreed , at the usual time for delivery of such goods . If no specific point has been agreed within the named place , ad if there are several points available , the seller may select the point at the place of delivery which best suits his purpose.A 5 Transfer of riskThe seller must , subject to provision of B 5 , bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A 4 A 6 Division of costsThe seller must , subject to the provision of B 6 , pay all costs relating to the goods until such time as they have been delivered I accordance with A4 .A 7 Notice to the buyerThe seller must give the buyer sufficient notice as to when and where the goods will b e placed at his proposal .A 8 Proof of delivery , transport document or equivalent electronic message .No obligation .A 9 Checking , packaging , markingThe seller must pay the costs of those checking operations ( such as checking quality , measuring , weighing , counting ) which are necessary for the purpose of placing the goods at the buyer, disposal .The seller must provide at his own expense packing ( unless it is usual for the particular trade to make the goods of the contract description available unpacked ) which is required for the transport of the goods , to the extent that the circumstances relating to the transport ( for example modalities , destination ) are made known to the seller before the contract of sale is concluded . Packing is to be made appropriately . A 10 Other obligationsThe seller must render the buyer at the latter request , risk and expense , every assistance in obtaining any documents or equivalent electronic messages issued and transmitted in the country of delivery and / or of origin which the buyer may require for the export and /import of goods and , where necessary , for their transit through any country .The seller must provide the buyer, upon request , with necessary information for procuring insurance . B THE BUYER,S OBLIGATIONSB 1 Payment of the priceThe buyer must pay the price as provided in the contract of sale .B 2 Licenses , authorizations and formalitiesThe buyer must obtain at his own risk and expense any export license or other official authorization and carry out , where applicable , all customs formalities for export of the goodsB 3. Contract for carriage and insurance a) Contract of carriageNo obligation .b) Contract of insuranceNo obligationB 4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A 4 and A 7/ B7 .B 5 Transfer of risksThe buyer must bear all risks of loss of or damage to the goods. from the time they have been delivered in accordance with A 4; and . from the agreed date or the expiry date of any period fixed for taking delivery which arise because he fails to give notice in accordance with B 7 , provided , however , that the goods have been duly appropriated(划拨) to the contract , that is to say clearly to set aside or otherwise identified (特定)as the contract goods.B 6 Division of costsThe buyer must pay . all costs relating to the goods from the time they have been delivered in accordance with A 4; and. any additional costs incurred by failing either to take delivery
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