船運[條款中FOB, seller 的責任是否包括清關?

2007-01-27 11:22 am
在seller交出清關所需文件後,buyer 是否有權拒絕付款, 直到貨物成功清關出口 (即有海運提單 COPY), 才須付款?
更新1:

I am the buyer. The term is FOB GENOVA. My supplier asked me to pay by TT the invoice value before he release necessary documents to my forwarder for custom clearance for export. Can I refuse to pay until the containers were on board of vessel and original B/L were issued ?

回答 (2)

2007-01-29 7:14 am
✔ 最佳答案
理論上你(BUYER)是有權拒絕付款的.
因為在FOB條件下,貨物上船後SELLER才是真正完成了「交貨」的責任.既然提單都未到手,即是仍然未正式「交貨」啦,又何來可以收錢??
〔為免麻煩,我建議你將SELLER的書面要求轉交你的上司(甚至是大老闆???),由高層人士來決定是否可以作「特別處理」. 不過,如果是在我工作的那間公司的話,不見提單副本是決不找數的,就算SALES答應,ACCOUNT都不會開票〕
2007-01-27 7:26 pm
It is based on the day of credit terms and full set of shipping documents as required by and made between you and your buyer. Normal shipping practice is that buyer should pay you money once you have cleared customs in the origin port and the goods is laden onboard vessel. shipping company confirmed such loading however, you should pay all the local charges if incurred before shipping company can issue you OCEAN BILL OF LADING excepted that copy bill of lading is acceptable by buyer otherwise you should ask for 3 originals bill of lading and send to your buyer for said payment.
If your goods is made by L/C then you should surrender full set shipping documents to the bank for negotiation.
www.evoxlogistics.com


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