|
Access
(acesso, acessar, penetrar)
The global economy has given business broader access than
ever before to markets all over the world.
Account (conta)
Incoterms 2000 take account of the recent spread of
customs-free zones, the increased use of electronic communications
in business trasactions, and changes in transport practices.
Acting (atuando, representando)
It is normally desirable that customs clearance is arranged by
the party domiciled in the country where such clearance should
take place or at least by somebody acting there on his
behalf
Agreement (acordo, aceitação)
The fact of incorporating one or more Incoterms in a contract or
the related correspondence does NOT by itself constitute an
agreement to have resort to ICC Arbitration.
Alongside (ao lado, lado a lado, atracado bordo com bordo)
Free Alongside Ship
Ambiguity (ambiguidade)
In order to clarify the situation, the words “where applicable”
have been added in the A2 and B2, A6 and B6 clauses of the
relevant Incoterms in order for them to be used without any
ambiguity where no customs procedures are required.
Appropriate (apropriado, apropriar)
Where appropriate , Incoterms 2000 have used the expression
“placing the goods at the disposal of” the buyer when the goods
are made available to the buyer at a particular place.
Appropriated (apropriado, transferido através de “transferência
de posse”)
In exceptional cases, however, the goods may have been sent from
the seller in bulk without identification of the quantity for each
buyer and, if so, passing of risk and cost does not occur before
the goods have been appropriated as aforesaid (cf. also
article 69.3 of the 1`980 United Nations Convention on Contracts
for the International Sale of Goods).
Appropriately (adequadamente, corretamente , apropriadamente)
Additional costs resulting from events occuring after the goods
having been appropriately delivered for carriage, fall upon
the buyer.
Authorization (autorização, licença)
Licenses, authorizations and formalities
The seller must render the buyer, at the latter’s request, risk
and expense, every assistance in obtaining, where applicable, any
export license or other official authorization necessary
for the export of the goods.
Available (disponível)
Starting with the term whereby the seller only makes the goods
available to the buyer at the seller’s premises
Bear
(arcar, assumir, carregar, transportar, urso)
And finally, the “D”-terms whereby the seller has to bear
all costs and risks neeeded to bring the goods to the place of
destination.
Behalf (em nome de, por conta de)
It is normally desirable that customs clearance is arranged by
the party domiciled in the country where such clearance should
take place or at least by somebody acting there on his behalf.
Benefit (benefício, beneficiar)
Under these terms the seller is obliged to procure insurance for
the benefit of the buyer.
Bill
(conta, fatura, nota, diminutivo de William)
Since under these terms he must present a bill of lading or
other maritime document to the buyer.
Board (bordo, prancha)
The on board bill of lading has been the only acceptable
document to be presented by the seller under the CFR and CIF
terms.
Border (fronteira)
The seller according to the “D”-terms is responsible for the
arrival of the goods at the agreed place or point of destination
at the border or within the country of import.
Borne
(passado do verbo to bear, arcado, assumido, transportado)
Any delay during the carriage is borne by the buyer
Boundaries (fronteiras, limites, divisas)
Incoterms have always been primarily intended for use where goods
are sold for delivery across national boundaries; hence,
international commercial terms.
Cargo (carga)
Because the vessel nominated by him fails to arrive on time, or is
unable to take the goods, or closes for cargo earlier than
the time notified in accordance with B7,
Carriage (transporte)
The seller must contract on usual terms at his own expense for the
carriage of the goods to the named port of destination by
the usual route in a seagoing vessel (or inland waterway vessel as
the case may be) of the type normally used for the transport of
goods of the contract description.
Carrier (transportador)
To enable the buyer to claim the goods from the carrier at
the port of destination.
Carry
(levar, transportar, encarregar-se de -fazer alguma coisa - ,
executar)
The buyer must obtain at his own risk and expense any import
license or other official authorization and carry out,
where applicable, all customs formalities for the import of the
goods and for their transit through any country.
Case (caso, caixa, mala)
The seller’s obligation to place the goods at the disposal of the
buyer or hand them over for carriage or deliver them at
destination – and with the distribution of risk between the
parties in these cases.
Certified (certificado, certificada)
If necessary, according to A3 a) ii), the buyer must provide the
seller at his request and the buyer’s risk and expense with the
exchange control authorization, permits, other documents or
certified copies thereof.
CFR
(custo e frete)
Chaired (presidido, liderado, conduzido)
ICC would like to express its gratitude to the members of the
commission, chaired by Prof. Fabio Bortolotti (Italy), its
Working Party on Trade Terms, chaired by Prof. Jan Ramberg
(Sweden), and to the drafting group, which comprised Prof. Charles
Debattista (Chairman – UK), Robert De Roy (Belgium), Philippe
Rapatout (France), Jens Bredow (Germany) and Frank Reynolds (US).
Chairman (presidente de conselho, sessão, assembleia, comissão,
grupo de trabalho)
ICC would like to express its gratitude to the members of the
commission, chaired by Prof. Fabio Bortolotti (Italy), its Working
Party on Trade Terms, chaired by Prof. Jan Ramberg (Sweden), and
to the drafting group, which comprised Prof. Charles Debattista (Chairman
– UK), Robert De Roy (Belgium), Philippe Rapatout (France), Jens
Bredow (Germany) and Frank Reynolds (US).
Chamber
(câmara)
The International Chamber of Commerce first published in
1936 a set of international rules for the interpretation of trade
terms.
Change (mudança, troca, troco de dinheiro )
The result of this dialogue is Incoterms 2000, a version which
when compared with Incoterms 1990 may appear to have effected few
changes.
Charge
(carregar, cobrar despesas, débito, custas)
This latter obligation is important so as to avoid unnecessary
charges for storage of the goods until they have been
collected by the buyer.
Checking (verificação, conferência)
In the A9 and B9 clauses of Incoterms the heading “checking-
packaging and marking” and “inspection of the goods “ respectively
have been used. Although the words “checking” and
“inspection” are synonyms, it has been deemed appropriate to use
the former word (“checking”) with respect to the seller’s
delivery obligation under A4 and to reserve the latter
(“inspection”) for the particular case when a “pre-shipment
inspection” is performed since such inspection normally is only
required when the buyer or the authorities of the export or import
country want to ensure that the goods conform with contractual or
official stipulations before they are shipped.
CIF
(custo, seguro e frete)
CIP
(transporte e seguro pago até: claim Reclamação, pretensão,
direito, alegação, reivindicação)
To enable the buyer to claim the goods from the carrier at
the port of destination.
Classification (classificação)
The following chart sets out this classification of the
trade terms.
Clause (cláusula)
Where Incoterms are so used, the A2 and B2 clauses and any
other stipulation of other articles dealing with export and import
do, of course, become redundant.
Clean
(limpar, limpo, livre de alguma coisa)
The transport documents must be “clean” meaning that they
must not contain clauses or notations expressly declaring a
defective condition of the goods and/or the packaging.
Clear
(claro, limpar, desembaraçar)
Traditionally, the seller had the obligation to clear the
goods for import under DEQ.
Clearance (limpeza, desembaraço alfandegário)
In countries where import clearance may be difficult and
time-consumming, it may be risky for the seller to undertake an
obligation to deliver the goods beyond the customs clearance
point.
Cleared (limpo, desembaraçado)
“Ex works” means that the seller delivers when he places the goods
at the disposal of the buyer at the seller’s premises or another
named place (i.e. works, factory, warehouse, etc.) not cleared
for export and not loaded on any collecting vehicle.
Collecting (cobrança, cobrando, recolhendo, apanhando para
transporte)
The 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 delivery of such goods.
Comite
(comitê)
Committes (comitês)
Commotion (comoção, distúrbio)
When required by the buyer, the seller shall provide at the
buyer’s expense war, strikes, riots and civil commotion
risk insurances if procurable.
Consignment (consignação)
A railway consignment note.
Contents (conteúdo)
However, in container trade, the Carrier’s means of checking the
contents in the container would not exist unless he himself
was responsible for stowing the container.
Cost (custo)
The seller must bear all risks and costs in bringing the
goods thereto.
Costly
(custoso, com alto custo, muito caro)
But as the volume and complexity of international sales increase,
so do possibilities for misunderstandings and costly
disputes when sales contracts are not adequately drafted.
CPT
(transporte Pago Até...)
Currency (moeda)
The minimum insurance shall cover the price provided in the
contract plus ten per cent (i.e. 110%) and shall be provided in
the currency of the contract.
Custom (costume, hábito, tradição)
But it has not been possible to avoid reference to customs
of the trade in FAS and FOB A4 (“in the manner customary at the
port”), the reason being that particularly in commodity trade the
exact manner in which the goods are delivered for carriage in FAS
and FOB contracts vary in the different sea ports.
Customs (alfândega, aduana)
But owing to changes in customs clearance procedures in
most countries, it is now more appropriate that the party
domiciled in the country concerned undertakes the clearance and
pays the duties and other charges.
DAF
(Delivered At Frontier, entregue na fronteira)
Damage (dano)
Without assuming the risk of loss of, or damage to , the
goods or additional costs due to events occuring after shipment
and dispatch
Data
(dados)
Where the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding
paragraph may be replaced by an equivalent electronic data
interchange (EDI) message.
DDP (Delivered Duty Paid; entregue, impostos pagos)
DDU (Delivered Duty Unpaid ; entregue, impostos não-pagos)
Delay (atraso, demora)
The seller must at his own expense provide the buyer without
delay with the usual transport document for the agreed port
of destination.
Deliver (entregar)
“Cost, Insurance and Freight” means that the seller delivers
when the goods pass the ship’s rail in the port of shipment.
Delivery (entrega)
The risk of loss of, or damage to, the goods, as well as any
additonal costs due to events occuring after the time of
delivery, are transferred from the seller to the buyer.
DEQ
(Delivered Ex Quay, entregua no cais)
DES
(Delivered Ex Ship, entregue no navio)
Describe (descrever)
These are questions to which Incoterms do not proved an answer:
consequently, if the contract too fails expressly to describe
the parties intentions, the parties may be put to much unnecessary
trouble and cost.
Description (descrição)
The seller must provide at his own expense packaging (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. Packaging is to be marked appropriately.
Discharge (descarga)
The freight and all other costs resulting from A3 a), including
the costs of loading the goods on board and any charges for
unloading at the agreed port of discharge which were for
the seller’s account under the contract of carriage.
Dispatch (despacho)
All additional costs incurred if he fails to give notice in
accordance with B7, for the goods from the agreed date or the
expiry date of the period fixed for dispatch, provided,
however , that the goods have been duly appropriated to the
contract, that is to say, clearly set aside or otherwise
identified as the contract goods.
Disposal (dispor, livrar-se de)
“Delivered at Frontier” means that the seller delivers when the
goods are placed at the disposal of the buyer on the
arriving means of transport not unloaded, cleared for export, but
not cleared for import at the named point and place at the
frontier, but before the customs border of the adjoining country.
Dispute (disputar)
The global economy has given business broader access than ever
before to markets all over the world. Goods are sold in more
countries, in larger quantities, and in greater variety. But as
the volume and complexity of international sales increase, so do
possibilities for misunderstandings and costly disputes
when sales contracts are not adequately drafted.
Drafted (rascunhado)
But as the volume and complexity of international sales increase,
so do possibilities for misunderstandings and costly disputes when
sales contracts are not adequately drafted.
Drafting (rascunhando, rascunho, esboço, esboçar)
ICC would like to express its gratitude to the members of the
commission, chaired by Prof. Fabio Bortolotti (Italy), its Working
Party on Trade Terms, chaired by Prof. Jan Ramberg (Sweden), and
to the drafting group, which comprised Prof. Charles
Debattista (Chairman – UK), Robert De Roy (Belgium), Philippe
Rapatout (France), Jens Bredow (Germany) and Frank Reynolds (US).
Drawn
(sacado)
The broad expertise of ICC’s Commission on International
Commercial Practice, whose membership is drawn form all
parts of the world and all trade sectors, ensures that Incoterms
2000 respond to business needs everywhere.
Due
to (devido a)
But without assuming the risk of loss of, or damage to , the goods
or additional costs due to events occuring after shipment
and dispatch.
Duly
(devidamente)
In order to ensure that this change is duly noted it has
been marked with capital letters in the preamble of FAS.
Duplicate (duplicar, duplicata)
Some transport documents used for particular modes of transport
(air, road or rail) offer the contracting parties a possibility to
bar the seller from giving such new instructions to the Carrier by
providing the buyer with a particular original or duplicate
of the waybill.
Duties (impostos)
Where applicable, all duties, taxes and other charges as
well as the costs of carrying out customs formalities payable upon
export.
EDI
(Electronic Data Interchange; Intercâmbio Eletrônico de Dados)
Ensure
(assegurar)
The broad expertise of ICC’s Commission on International
Commercial Practice, whose membership is drawn form all parts of
the world and all trade sectors, ensures that Incoterms
2000 respond to business needs everywhere.
Entitled (capacitado, intitulado)
Instead, other transport documents would name the party
entitled to receive the goods at destination.
Entry (entrada)
Where the goods are handed over to the Carrier for subsequent
entry into the ship, for example stowed in containers or
loaded on lorries or wagons in so-called rollon-roll off traffic.
Terminal (terminal)
Thus, the goods may be loaded on a collecting vehicle sent by the
buyer to pick them up at the seller’s premises; alternatively, the
goods may need to be unloaded from a vehicle sent by the seller to
deliver the goods at a terminal named by the buyer.
Evidence (evidencia, prova)
The transport document must evidence not only delivery of
the goods to the Carrier but also that the goods, as far as could
be ascertained by the Carrier, were received in good order and
condition.
Ex
Quay (no cais, do cais)
Ex
Ship (no navio, do navio)
Evidence (evidencia, prova)
Exact
(exato, extrair, cobrar)
The reason being that particularly in commodity trade the exact
manner in which the goods are delivered for carriage in FAS
and FOB contracts vary in the different sea ports.
Exchange (troca, intercâmbio, mudança, câmbio)
In the exchange of correspondence which constitutes the
agreement between them.
Foreign exchange = câmbio
Exchange rate = taxa de câmbio
Expense (despesa, gasto)
The “C”-terms require the seller to contract for carriage on usual
terms at his own expense.
Expertise (conhecimento profundo)
The broad expertise of ICC’s Commission on International
Commercial Practice, whose membership is drawn form all parts of
the world and all trade sectors, ensures that Incoterms 2000
respond to business needs everywhere.
Expiry (término, expiração)
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 B7, provided, however, that the goods have been
duly appropriated to the contract, that is to say clearly set
aside or otherwise identified as the contract goods.
Export
(exportar, exportação)
Where applicable, all duties, taxes and other charges as well as
the costs of carrying out customs formalities payable upon
export.
Exportation (exportação)
In Incoterms 1990 the expression “official charges payable upon
exportation and importation of the goods” was used in DDP A6.
Exporter (exportador)
Thus, the exporter should normally clear the goods for
export, while the importer should clear the goods for import.
EXW
(Ex Works Na Fábrica, na planta, na instalação comercial, fabril,
etc.)
FAS (Free Alongside Ship Livre no costado do navio)
FCA
(Free Carrier Livre no transportador)
FOB
Free on board Livre à bordo)
Formalities (formalidades)
Where applicable, all duties, taxes and other charges as well as
the costs of carrying out customs formalities payable upon
import of the goods and, where necessary, for their transit
through any country unless included within the costs of the
contract of carriage.
Free
(Livre)
Incoterms 2000 take account of the recent spread of customs-free
zones, the increased use of electronic communications in business
trasactions, and changes in transport practices.
Freight (frete)
However, the performance of that obligation may well result in
some costs to customs brokers or freight forwarders if the
party bearing the obligation does not do the work himself.
Front
(frente)
Usually, the Carrier would, in standardized text on the front
page of the transport document, refuse to accept responsibility
for information with respect to the goods by indicating that the
particulars in the transport document constitute the shipper’s
delcarations and therefore that the information is only “said to
be’ as inserted in the document.
Frontier (fronteira)
“Delivered at Frontier” means that the seller delivers
when the goods are placed at the disposal of the buyer on the
arriving means of transport not unloaded, cleared for export, but
not cleared for import at the named point and place at the
frontier, but before the customs border of the adjoining country.
Fulfil (preencher, cumprir)
The buyer must, should he fail to fulfil his obligations in
accordance with B2, bear all additional risks of loss of, or
damage to the goods incurred thereby.
Fulfilled (preenchido, cumprido)
The risk of loss of, or damage to, the goods, as well as the
obligation to bear the costs relating to the goods, passes from
the seller to the buyer when the seller has fulfiled his
obligation to deliver the goods.
Goods
(bens , mercadoria, produto)
This requirement is particularly important under EXW, since under
all other terms the goods would normally have been
identified as intended for the buyer when measures have been taken
for their shipment or dispatch (“F”-and”C”-terms) or their
delivery at destination (“D”-terms).
Handling (manuseio, manuseando, operação, operando)
Minimum cover is however unsuitable for sale of manufactured
goods where the risk of theft, pilferage or improper handling
or custody of the goods would require more than the cover
available under Clause C. Since CIP, as distinguished from CIF,
would normally not be used for the sale of commodities, it would
have been feasible to adopt the most extended cover under CIP
rather than the minimum cover under CIF.
ICC
(International Chamber of Commerce, Câmara Internacional de
Comércio)
Import
(importação, importar)
The “charges” which must be paid only concern such charges as are
a necessary consequence of the import as such and which
thave to be paid according to the applicable import regulations.
Importation (importação)
In Incoterms 1990 the expression “official charges payable upon
exportation and importation of the goods” was used in DDP
A6.
Importer (importador)
Thus, the exporter should normally clear the goods for export,
while the importer should clear the goods for import.
Incoterms (International Commercial Terms, Termos Comerciais
Internacionais)
Inland (iInterno, interior, em terra, por terra)
Unfortunately, the word “FOB” is used by some merchants merely to
indicate any point of delivery – such us “FOB factory” , “FOB
plant” , “FOB ex seller’s works” or other inland points –
thereby neglecting what the abbreviation means: Free On Board. It
remains the case that such use of “FOB” tends to create confusion
and should be avoided.
Inspection (inspeção)
In may cases, the buyer may be well advised to arrange for
inspection of the goods before or at the time they are handed
over by the seller for carriage (so- called pre-shipment
inspection or PSI).
Institute (instituto, instituir, adotar)
The insurance shall be contracted with underwriters or an
insurance company of good repute and, failing express agreement to
the contrary, be in accordance with minimum cover of the
Institute Cargo Clauses (Institute of London Underwriters) or
any similar set of clauses.
Insurable (segurável, no sentido de se obter cobertura de
seguro)
The seller must obtain at his own expense cargo insurance as
agreed in the contract, such that the buyer, or any other person
having an insurable interest in the goods, shall be
entitled to claim directly from the insurer and provide the buyer
with the insurance policy or other evidence of inusrance cover.
Insurance (seguro)
The insurance shall be contracted with underwriters or an
insurance company of good repute and, failing express agreement to
the contrary, be in accordance with minimum cover of the Institute
Cargo Clauses (Institute of London Underwriters) or any similar
set of clauses.
Insurer (segurador, seguradora)
The seller must obtain at his own expense cargo insurance as
agreed in the contract, such that the buyer, or any other person
having an insurable interest in the goods, shall be entitled to
claim directly from the insurer and provide the buyer with
the insurance policy or other evidence of insurance cover.
Interchange (intercâmbio, troca)
Where the seller and the buyuer have agreed to communicate
electronically, the document reffered to in the precEDIng
paragraph may be replaced by an equivalent electronic data
interchange (EDI) message.
Interest (interesse, juros)
In either case, it is important to point out that even though one
party may be under “no obligation” towards the other to perform a
certain task, this does not mean that is not in his interest
to perform that task.
The bank will charge 1,5% of interest to open that letter
of credit.
Invoice (fatura)
The seller must provide the goods and the commercial invoice
or its equivalent electronic message, in conformity with the
contract of sale and any other evidence of conformity which may be
required by the contract.
Issued (emitido, impresso)
The seller must render the buyer at the latter’s request, risk and
expense, every assistance in obtaining any documents or equivalent
electronic messages issued or transmitted in the country of
delivery and/or of origin which the buyer may require for the
export and/or import of the goods and, where necessary, for their
transit through any country.
Lading (carregamento, carregando, usado junto com “Bill of “)
This document (for example a negotiable bill of lading, a
non-negotiable sea waybill or an inland waterway document) must
cover the contract goods, be dated within the period agreed for
shipment, and enable the buyer to claim the goods from the carrier
at the port of destination.
Um “Bill of Lading” é um “recibo de carregamento” .
Land
(terra)
This term may be used irrespective of the mode of transport when
goods are to be delivered at a land frontier.
License (licença, autorização, permissão)
The buyer must obtain at his own risk and expense any import
license or other official authorization or other documents and
carry out, where applicable, all customs formalities necessary for
the import of the goods, and for their subsequent transport.
Lighterage (aliviar o peso)
Unloading costs including lighterage and wharfage charges,
unless such costs and charges were for the seller’s account under
the contract of carriage;
Load
(carregar, carregamento)
The a Obligation for the seller to load
the goods on the buyer’s collecting vehicle;
Loading (carregando, carregamento)
However, if the parties wish the seller to be responsible for the
loading of the goods on departure and to 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.
Loss
(perda)
The seller must, subject to the provisions of B5, bear all risks
of loss of, or damage to, the goods until such time as they
have been delivered in accordance with A4.
Mandated (ordenado, demandado, requerido, exigido)
The buyer must pay the costs of any pre-shipment inspection,
including inspection mandated by the authorities of the
country of export.
Maritime (marítimo)
To mention a few examples, a seller having agreed to a CFR – or
CIF – contract cannot perform such a contract by any other mode of
transport than carriage by sea, since under these terms he must
present a bill of lading or other maritime document to the
buyer which is simply not possible if other modes of transport are
used.
Marked (marcado)
In order to ensure that this change is duly noted it has been
marked with capital letters in the preamble of FAS.
Packages to be duly marked with the words: “Made in
Brazil”.
Marking (marcação, marcando)
Packaging is to be marked appropriately.
Measures (medidas)
The seller must give the buyer sufficient notice that the goods
have been delivered in accordance with A4 as well as any other
notice required in order to allow the buyer to take measures
which are normally necessary to enable him to take the goods.
Measuring (medindo)
The seller must pay the costs of those checking operations (such
as checking quality, measuring, weighing, counting) which
are necessary for the purpose of delivering the goods in
accordance with A4.
Modalities (modalidades)
The seller must provide at his own expense packaging (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. Packaging is to be marked appropriately.
Multimodal (multimodal)
This term may be used irrespective of the mode of transport
including multimodal transport.
Name
(nome, nomear)
The seller must contract on usual terms at his own expense for the
carriage of the goods and name the corresponding vessel.
Named
(chamado, nomeado)
If a point is not agreed or is not determined by practice, the
seller may select the point at the named place of
destination which best suits his purpose.
Nominate (nomear)
“Carriage and Insurance paid to...” means that the seller delivers
the goods to the carrier nominated by him, but the seller
must in addition pay the cost of carriage necessary to bring the
goods to the named destination
Non
(não)
In some cases the preamble recommends the use or non-use of
a particular term.
Non-Negotiable (não-negociavel)
Non-Negotiable
transport documents instead of bills of lading.
Notice (noticia, notar, observar, avisar)
The seller must give the buyer sufficient notice as to when
and where the goods will be placed at his disposal.
Notified (notificado)
From the agreed date or the expiry date of the agreed period for
delivery which arise because he fails to give notice in accordance
with B7, or because the vessel nominated by him fails to arrive
on time, or is unable to take the goods, or closes for cargo
earlier than the time notified in accordance with B7,
provided , however, that the goods have been duly appropriated to
the contract, that is to say, clearly set aside or otherwise
identified as the contract goods.
Notify (notificar)
The seller may decline to make the contract and, if he does, shall
promptly notify the buyer accordingly.
Obligation (obrigação)
Other obligations
The buyer must pay all costs and charges incurred in obtaining the
documents or equivalent electronic messages mentioned in A10 and
reimburse those incurred by the seller in rendering his assistance
in accordance therewith.
Obliged (obrigado)
Used in this second context, the word “delivery” means first that
the buyer “accepts” the very nature of the “C”-terms, namely tht
the seller fulfils his obligations upon the shipment of the goods
and, second that the buyer is obliged to receive the goods.
Offer (oferecer)
In practice, it frequently happens that the parties themselves by
adding words to an Incoterm seek further precision than the term
could offer.
Official (oficial)
The seller must render the buyer, at the latter’s request, risk
and expense, every assistance in obtaining, where applicable, any
export license or other official authorization necessary
for the export of the goods.
On-Going (O que está ocorrendo, indo)
However, if requested by the buyer, the seller may agree to
contract on usual terms at the buyer’s risk and expense for the
on-going carriage of the goods beyond the named place at the
frontier to the final destination in the country of import named
by the buyer.
order Ordem, pedido (de compra), a fim
The seller must give the buyer sufficient notice of the dispatch
of the goods to the named place at the frontier as well as any
other notice required in order to allow the buyer to take
measures which are normally necessary to enable him to take
delivery of the goods.
Purchase Order – Pedido de Compra
Own
(próprio, possuir)
The seller must provide at his own expense packaging
(unless it is agreed or usual for the particular trade to deliver
the goods of the contract description unpacked).
Pack
(embalar)
However, since the seller’s obligation to pack the goods
may well vary according to the type and duration of the transport
envisaged.
Packaging (pacote, ato de embalar, empacotar)
The United Nations Convention on Contracts for the International
Sale of Goods says that the packaging, must be fit for
any particular purpose expressly or impliedly made known to the
seller at the time of the conclusion of the contract.
Também se usa muito a forma “packing”.
Particulars (detalhes)
Usually, the Carrier would, in standardized text on the front page
of the transport document, refuse to accept responsibility for
information with respect to the goods by indicating that the
particulars in the transport document constitute the shipper’s
declarations and therefore that the information is only “said to
be’ as inserted in the document.
Parties (partes de um contrato)
Incoterms, the official ICC rules for the interpretation of trade
terms, facilitate the conduct of international trade. Reference to
Incoterms 2000 in a sales contract defines clearly the parties,
respective obligations and reduces the risk of legal
complications.
Partner (sócio)
Contracting parties who wish to have the possibility of resorting
to ICC Arbitration in the event of a dispute with their
contracting partner should specifically and clearly agree
upon ICC Arbitration in their contract
Party
(parte de um contrato, festa)
The carrier or the party nominated by the buyer failed to
take the goods into his charge at the agreed time.
Permits (permissões, permitir)
If necessary, according to A3 a) ii), the buyer must provide the
seller at his request and the buyer’s risk and expense with the
exchange control authorization, permits, other documents or
certified copies thereof, or with the address of the final
destination of the goods in the country of import for the purpose
of obtaining the through document of transport or any other
document contemplated in A8 ii).
Pick
(pegar, apanhar, obter)
Thus, the goods may be loaded on a collecting vehicle sent by the
buyer to pick them up at the seller’s premises.
Place
(lugar, local, endereço, etc)
It is in the nature of shipment contracts that, while the seller
is bound to pay the normal transport cost for the carriage of the
goods by usual route and in a customary manner to the agreed
place, the risk of loss of, or damage to, the goods, as well
as additional costs resulting from events occuring after the goods
having been appropriately delivered for carriage, fall upon the
buyer.
Placed (colocado)
The seller must give the buyer sufficient notice as to when and
where the goods will be placed at his disposal.
Placing (colocando, colocar)
The seller must pay the costs of those checking operatings (such
as checking quality, measuring, weighing, counting) which are
necessary for the purpose of placing the goods at the
buyer’s disposal.
(Nesta construção está como “colocar”, mas poder-se-ia dizer “I
will be placing the goods at your disposal” e nesse sentido seria
“estarei colocando os bens a sua disposição”.
Plant
(planta botanica e planta industrial, fábrica)
Unfortunately, the word “FOB” is used by some merchants merely to
indicate any point of delivery – such us “FOB factory” , “FOB
plant” , “FOB ex seller’s works” or other inland points.
Policy (política, apólice de seguro ou outras)
The seller must obtain at his own expense cargo insurance as
agreed in the contract, such that the buyer, or any other person
having an insurable interest in the goods, shall be entitled to
claim directly from the insurer and provide the buyer with the
insurance policy or other evidence of inusrance cover.
Premises (premissas, instalações)
In 1990 , for ease of understanding, the terms were grouped in
four basically different categories; namely starting with the term
whereby the seller only makes the goods available to the buyer at
the seller’s premises ( the “E” term Ex works); followed by
the second group whereby the seller is called upon to deliver the
goods to a Carrier appointed by the buyer ( the “F” – terms FCA,
FAS and FOB).
Pre-shipment (pré-embarque)
Although the words “checking” and “inspection” are synonyms, it
has been deemed appropriate to use the former word with respect to
the seller’s delivery obligation under A4 and to reserve the
latter for the particular case when a “pre-shipment
inspection” is performed since such inspection normally is only
required when the buyer or the authorities of the export or import
country want to ensure that the goods conform with contractual or
official stipulations before they are shipped.
Procurable (aquilo que pode ser fornecido, obtido ou comprado)
There are also particular instances where the buyer may wish to
obtain even more protection than is available under Institute
Clause A, for example insurance against war, riots, civil
commotion, strikes or other labour disturbances. If he wishes the
seller to arrange such insurance he must instruct him accordingly
in which case the seller would have to provide such insurance if
procurable.
Procure (fornecer)
Thus, for example, just because a CFR buyer owes his seller no
duty to make a contract of insurance under B4, it is clearly in
his interst to make such a contract, the seller being under no
such obligation to procure insurance cover under A4.
Procuring (ato de conseguir um fornecedor de algo)
The seller must provide the buyer, upon request, with the
necessary information for procuring insurance.
Promptly (prontamente)
If requested by the buyer or if it is commercial practice and the
buyer oes not give an instruction to the contrary in due time, the
seller may contract for carriage on usual terms at the buyer’s
risk and expense. In either case, the seller may decline to make
the contract and , if he does, shall promptly notify the
buyer accordingly.
Provide (fornecer, suprir)
On a FOB sale, the buyer has to provide the nomination of
the vessel.
Provided (fornecido, suprido, desde que)
If the named place is the seller’s premises, when the goods have
been loaded on the means of transport provided by the
carrier nominated by the buyer or another person acting on his
behalf.
Provision (provisão, fornecimento, suprimento, disposto,
disposição)
The seller must, subject to the provisions of B5, bear all
risks of loss of, or damage to, the goods until such time as they
have been delivered in accordance with A4.
Quarters (cantos, quartos, quarteirões)
Further, it has – although quite wrongfully – been considered in
some quarters inappropriate to use terms dealing with the
obligation to clear the goods through customs when, as in
intra-European Union trade or other free trade areas, there is no
longer any obligation to pay duty and no restrictions relating to
import or export.
Quay
(cais, docas)
When delivery is to take place in the port of destination, on
board a vessel or aon the quay (whart), the DES or DEQ
terms should be used.
Trade
(negociar, comercializar, comércio)
The seller must provide at his own expense packaging (unless it is
agreed or usual for the particular trade to deliver the
goods of the contract description unpacked)
Rail
(trilho , amurada, beirada de navio)
Thus, in the 1980 revision the term Free Carrier (now FCA) was
introduced in order to deal with the frequent case where the
reception point in maritime trade was no longer the traditional
FOB-point (passing of the ship’s rail) but rather a point
on land, prior to loading on board a vessel , where the goods were
stowed into a container for subsequent transport by sea or by
different means of transport in combination (so-called combined or
multimodal transport).
Railway (ferrovia)
Unless the document referred to in the preceding paragraph is the
transport document, the seller must render the buyer at the
latter’s request, risk and expense, every assistance in obtaining
a transport document for the contract of carriage (for example a
negotiable bill of lading , a non-negotiable sea waybill, an
inland waterway document, an air waybill, a railway
consignment note, a road consignment note, or a multimodal
transport document).
Reimburse (reembolsar)
The buyer must pay all costs and charges incurred in obtaining the
documents or equivalent electronic messages mentioned in A10 and
reimburse those incurred by the seller in rendering his
assistance in accordance therewith and in contracting for carriage
in accordance with A3 a).
Render (prestar)
Unless the document referred to in the preceding paragraph is the
transport document, the seller must render the buyer at the
latter’s request, risk and expense, every assistance in obtaining
a transport document (for example a negotiable bill of lading, a
non-negotiable sea waybill, an Inland waterway document).
Rendering (rrestando, prestação)
The buyer must pay all costs and charges Incurred in obtaining the
documents or equivalent electronic messages mentioned in A10 and
reimburse those Incurred by the seller in rendering his
assistance in accordance therewith.
Repute (reputação)
The insurance shall be contracted with underwriters or an
insurance company of good repute and, failing express
agreement to the contrary, be in accordance with minimum cover of
the Institute Cargo Clauses (Institute of London Underwriters) or
any similar set of clauses.
Request (solicitar, pedir)
The seller must render the buyer at the latter’s request,
risk and expense, every assistance in obtaining any documents or
equivalent electronic messages (other than those mentioned in A8)
issued or transmitted in the country of shipment and/or of origin
which the buyer may require for the import of the goods and, where
necessary, for their transit through any country.
Require (requerer, exigir, demandar)
The seller must render the buyer at the latter’s request, risk and
expense, every assistance in obtaining any documents or equivalent
electronic messages (other than those mentioned in A8) issued or
transmitted in the country of disptach and/or of origin which the
buyer may require for the import of the goods and for their
transit through any country.
Requirement (solicitação, pedido, exigência)
It is a requirement for such premature passing of risk and
costs that the goods have been identified as intended for the
buyer or, as is stipulated in the terms, set aside for him
(appropriation).
Riots
(tumultos, distúrbios)
There are also particular instances where the buyer may wish to
obtain even more protection than is available under Institute
Clause A, for example insurance against war, riots, civil
commotion, strikes or other labour disturbances.
Seagoing (marítimo, apto à navegação oceanica)
The seller must contract on usual terms at his own expense for the
carriage of the goods to the named port of destination by the
usual route in a seagoing vessel (or inland waterway vessel
as the case may be) of the type normally used for the transport of
goods of the contract description.
Ship (navio, verbo embarcar)
The seller must provide at his own expense packaging (unless it is
usual for the particular trade to ship the goods of the
contract description unpacked) which is required for the transport
of the goods arranged by him. Packaging is to be marked
appropriately. (Neste caso “ship” está sendo usado como o verbo “embarcar”).
The name of the Ship is Atlantis.
(Neste caso “ship” está sendo usado como o substantivo “navio”)
Shipment (embarque, despacho)
The seller must render the buyer at the latter’s request, risk and
expense, every assistance in obtaining any documents or
equivalent electronic messages (other than those mentioned in A8)
issued or transmitted in the country of shipment and/or of
origin which the buyer may require for the iport of the goods
and, where necessary, for their transit through any country.
Shipping (navegando, navegação, embarque)
The buyer must, whenever he is entitled to determine the time for
shipping the goods and/or the port of destination, give the
seller sufficient notice thereof.
Storage (armazenagem)
The buyer must pay all costs relating to the goods from the time
they have been delivered in accordance with A4, including any
costs of handling the goods in the port for subsequent transport
or storage in warehouse or terminal.
Strike (greve, golpear)
The Custom’s inspectors went on strike yesterday.
Tax
(taxa, taxar)
However, if the parties wish to exclude from the seller’s
obligations some of the costs payable upon import of the goods
(such as value-added tax: VAT), this should be made clear
by adding explicit wording to this effect in the contract of sale.
Taxes (taxas, impostos)
Where applicable, the costs of customs formalities necessary for
export and import as well as all duties, taxes and other
charges payable upon export and import of the goods, and for their
transit through any country prior to delivery in accordance with
A4.
Underwriter (ressegurador, Resseguradora)
Sign, and accept liability under and insurance policy (for
example).
Unloaded (descarregado, não-carregado)
Thus, the goods may be loaded on a collecting vehicle sent by the
buyer to pick them up at the seller’s premises; alternatively, the
goods may need to be unloaded from a vehicle sent by the
seller to deliver the goods at a terminal named by the buyer.
Unpacked (não-embalado)
The seller must provide at his own expense packaging (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. Packaging is to be marked appropriately.
Unpaid (não-pago)
“Delivered duty unpaid” means that the seller delivers the
goods to the buyer, not cleared for import, and not unloaded from
any arriving means or transport at the named place of destination.
Updated (atualizado)
Since the creation of Incoterms by ICC in 1936, this undisputed
worldwide contractual standard has been regularly updated
to keep pace with the development of international trade.
Value-added (valor adicionado)
However, if the parties wish to exclude from the seller’s
obligations some of the costs payable upon import of the goods
(such as value-added tax: VAT), this should be made clear
by adding explicit wording to this effect in the contract of sale.
VAT
(Value Added Tax ; Taxa de Valor Adicionado)
However, if the parties wish to exclude from the seller’s
obligations some of the costs payable upon import of the goods
(such as value-added tax: VAT), this should be made clear
by adding explicit wording to this effect in the contract of sale.
Vehicle (veículo)
The seller would frequently assist the buyer in loading the goods
on the latter’s collecing vehicle.
Vessel (navio)
Proof of delivery of the goods on board the vessel.
Warehouse (armazem, depósito)
“Ex works” means that the seller delivers when he places the goods
at the disposal of the buyer at the seller’s premises or another
named place (i.e. works, factory, warehouse, etc.) not
cleared for export and not loaded on any collecting vehicle.
Waterway (hidrovia)
“Carrier” means any person who, in a contract of carriage,
undertakes to perform or to procure the performance of transport
by rail, road, air, sea, inland waterway or by a
combination of such modes.
Way
(via, modo, maneira, caminho, direção)
The seller must place the goods at the disposal of the buyer on
board the vessel at the unloading point referred to in A3 a), in
the named port of destination on the date or within the agreed
period, in such a way as to enable them to be removed from
the vessel by unloading equipment appropriate to the nature of the
goods.
Waybill (conhecimento de transporte)
The seller must provide the buyer at the seller’s expense with the
delivery order and/or the usual transport document (for example a
negotiable bill of lading, a non-negotiable sea waybill, an
inland waterway document, or a multimodal transport document) to
enable the buyer to claim the goods from the carrier at the port
of destination.
Weighing (pesando)
The seller must pay the costs of those checking operations (such
as checking quality, measuring, weighing, counting) which
are necessary for the purpose of delivering the goods in
accordance with A4.
Wharf (cais, docas)
“Delivered Ex quay” means that the seller delivers when the goods
are placed at the disposal of the buyer not cleared for import on
the quay (wharf) at the named port of destination.
Wharfage (taxa de cais, taxa de docas)
Unloading costs including lighterage and wharfage charges,
unless such costs and charges were for the seller’s account under
the contract of carriage.
Works (planta industrial, armazem)
“Ex works” means that the seller delivers when he places
the goods at the disposal of the buyer at the seller’s premises
or another named place (i.e. works, factory, warehouse, etc.) not
cleared for export and not loaded on any collecting vehicle.
Voltar
para a Lista de Glossários
|
