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TRANSPORTATION AND SHIPPING: INCOTERMS AND INSURANCE (part 2)

Wednesday, August 16th, 2006

So, and there are the descriptions of these INCOTERMS (these descriptions provide the most important information about each term, they are not fun definitions):

Group E (Departure)

EXW    - Ex Works - means that the seller’s only responsibility is to make the goods available at his or her premises. The buyer bears the full cost and risk involved in transporting the goods to their destination.
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Group F (Main carriage paid by the buyer)

1) FCA - Free Carrier (named place) - mean that the seller fulfils his or her obligation when the goods (cleared for export) are handed over to the carrier named by the purchaser. In the case of rail or road transport, delivery is completed when the goods have been loaded. For sea transport, delivery is complete when the seller has taken the goods to the transport terminal.

2) FAS - Free Alongside Ship (named port of shipment) - means that the seller’s obligations are fulfilled when the goods have been placed alongside the ship on the quay. The buyer is liable for all costs and risks of damage from that moment. Unlike Free 0n Board this term requires the buyer to clear the goods for export. The buyer is responsible for obtaining any export or import license.

3) FOB - Free On Board (named port of shipment). The goods are loaded on board by the seller at a port named in the contract. The risk of loss or damage passes to the buyer when the goods pass the ship’s rail. The buyer is responsible for the transport costs from this port to the destination. However, it is the seller who has to obtain any export license or documentation necessary for the goods to leave the country. In the case of roll-on/roll-off or container traffic, when the ship’s rail is irrelevant, it is better to use the FCA term.
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Group C (Main carriage paid by the seller)

1) CFR - Cost and Freight - this term can only be used for sea and inland waterway transport. The seller must pay for the transport used to bring the goods to the named port but is not liable for risks from the moment the goods pass the ship’s rail in the port of shipment. In the case of roll-on/roll-off or container traffic, when the ship’s rail is irrelevant, it’s better to use the CPT term.

2) CIF - Cost, Insurance and Freight - is the same as CFR except that the seller has to arrange and pay for marine insurance for any risks during transit to the named port of destination.
In the case of roll-on/roll-off or container traffic, when the ship’s rail is irrelevant, it is better to use the CIP terms.

3) CPT - Carriage Paid To - (named place of destination) means that the seller pays for transport to the destination. The risks and costs are then transferred to the buyer when the goods have been given to the carrier. This term is suitable for any kind of transport including multimodal transport.

4) CIP - Carriage and Insurance Paid To (named place of destination) - is the same as CPT but the seller also pays for insurance during carriage.
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Group D (Arrival)

1) DAF - Delivered at Frontier    - means that the seller’s obligations are fulfilled when the goods have arrived at the frontier. It is recommended that contracts should specify which frontier, e.g. “Delivered at Franco-Italian frontier (Modane)”. This term is most often used for rail or road transport but can apply to any mode.

2) DES - Delivered Ex Ship (named port of destination) - can only be used for sea or inland waterway transport. The seller makes the goods (uncleared for importation) available to the buyer on board ship and bears all the costs and risks involved in bringing the goods to the port of destination.

3) DEQ - Delivered Ex Quay - is the same as DES but the seller is also responsible for unloading the cleared goods onto the quay or wharf. The contract should make it clear whether or not the seller pays duty, VAT, etc.

4) DDU - Delivered Duty Unpaid - means that the seller’s obligations cease when the goods are made available to the buyer at a named place in the country of destination. The seller pays for customs formalities but not for customs duty. The term can be used for any mode of transport.

5) The term DDP - Delivered Duty Paid - represents the seller’s maximum obligation. All expenses are incurred by the seller until they arrive at destination. The term may be used for any mode of transport but is unsuitable if the seller cannot obtain an import license.

<:3  )~~~~~~
Yours sincerely,
AlexSandra

TRANSPORTATION AND SHIPPING: INCOTERMS AND INSURANCE

Tuesday, August 15th, 2006

INCOTERMS are set of international rules published by the International Chamber of Commerce, Paris, for the interpretation of the most commonly used terms in foreign trade.
The aim is to avoid disagreements resulting from differences in trading practices in various countries by describing clearly the duties of the seller and the buyer. INCOTERMS also regulate responsibility in different insured accidents - that is the most important thing for us!

The terms are grouped in four separate categories:

— E term — the seller makes the goods available to the buyer at the seller’s premises and that is all.

— F terms — the seller has to deliver the goods to a carrier appointed by the buyer.

— C terms — the seller pays for carriage, but does not accept liability for loss or damage after shipment and dispatch.

— D terms — the seller bears all costs and risks in shipping goods to the country of destination.

And now I would like to tell you about these groups in more details.

Group E (Departure)

EXW    - Ex Works
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Group F (Main carriage paid by the buyer)

FCA - Free Carrier
FAS - Free Alongside Ship
FOB - Free On Board
FOR - Free On Rail
FOT - Free On Truck
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Group C (Main carriage paid by the seller)

CFR - Cost and Freight
CIF - Cost, Insurance and Freight
CPT - Carriage Paid To
CIP - Carriage and Insurance Paid To
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Group D (Arrival)   

DAF - Delivered at Frontier
DES - Delivered Ex Ship
DEQ - Delivered Ex Quay
DDU - Delivered Duty Unpaid
DDP - Delivered Duty Paid
DCP - Delivered Carriage Paid

<:3  )~~~~~~
Yours sincerely,
AlexSandra

TRANSPORTATION AND SHIPPING: HIGH RISKS!!!

Tuesday, August 15th, 2006

The main methods of transporting goods are road, rail, air and sea. Transporting goods by sea is called shipping. We all know that transportation and shipping interface with risks and that is why we should insure our cargo and prepare all necessary documentation.

I’d like to help you with it and to tell about some shipping documents and terms concerning insurance in foreign trade.

So, the first document - A Bill of Lading (b/l or blading) is a receipt given by the shipping company. The main document used by air transport is the Air Waybill (AWB). Unlike the bill of lading, the Air Waybill is only a receipt and cannot be transferred to another person.

The second ones - Consignment notes are used in road and rail transportation, and like the AWB they are not documents of title so ownership of the document does not mean ownership of the goods. They are not negotiable, i.e. they cannot be bought, sold, transferred by the consignor (the exporter), or the consignee (the importer).

There are a variety of vessels available for exporters to use when shipping goods safely:

— Passenger liners;
— Passenger cargo vessels;
— Tramps
— Tankers;
— Container vessels;
— Roll-on roll-off ferries;
— Barges (lighters).

Before the name of the ship, which is usually underlined in correspondence, the letter SS stand for Steam Ship and show that it is a British Merchant Vessel. MV, Motor Vessel or Merchant Vessel, and MS, Motor Ship are also used.

The main documents (besides bill of lading) used in shipping are:

— Freight account
— Dock receipt (wharfinger1s receipt)
— Shipped bill of lading

Good packaging is essential because it ensures that goods arrive at their destination in good condition. Therefore, the choice of packaging must suit the product, the means of carriage, handling facilities and any changes in climate during transport. In some countries, import duties are assessed according to the gross weight of shipments, which includes packaging. Therefore, the heavier the packaging the higher the duties will be. Goods packed separately, not in containers, are called conventional cargo.

<:3  )~~~~~~
Yours sincerely,
AlexSandra

INSURANCE AGAINST MISTAKEN CRIMINATION (part 2)

Saturday, July 8th, 2006

So, I’d like to continue my story…After the last step of the jury trial, the jury retires to the jury room for discussion of the verdict. They may discuss acquittal, conviction and punishment. The jury first elects a foreman who will see that discussion is conducted in an orderly fashion, that all issues are fully discussed, and that every juror is given a fair chance to participate.

When a verdict has been reached, the foreman signs it and informs the bailiff. The jury returns to the courtroom, where the foreman presents the verdict. The judge then discharges the jury from the case. The judge then announces the penalty, or passes sentence.

Depending on the seriousness of the offence, the defendant might be given one of these penalties: a fine (the defendant is ordered to pay money to the authorities), probation (the defendant is not sent to prison but must report to the authorities regularly and not to break the law again), imprisonment (being sent to prison or jail to serve a sentence), community service (organized work to help people in the community). Sometimes the defendant may get a suspended sentence. That means that he does not have to serve on condition that he doesn’t commit another crime within a specified period. Prisoners who are released from prison before the end of their sentence are parolees: they are paroled. If someone is sentenced to spend the rest of their life in prison, they are sentenced to life imprisonment, even if, in practice, they get out of prison before they die. Punishment for certain crimes in some places is the death sentence, also known as the death penalty, capital punishment or execution.

Someone convicted of an offence may appeal against their conviction or against their sentence. The offender asks another court to look again at the case and to overturn the conviction, or to reduce the sentence. Prisoners who have been condemned to death may appeal to a court or someone in authority to show or grant clemency: to change it to life imprisonment.

But when I speak about insurance against mistaken crimination I mean that your lawyer must prove your alibi and your guiltlessness.

But, never the less I’d like to digress from the topic and speak about Capital Punishment. So, Capital Punishment is a legal infliction of death as a penalty for violating criminal law. Throughout history people have been put to death for various forms of wrongdoing. Methods of execution have included such practices as crucifixion, stoning, drowning, burning at the stake and beheading. Today capital punishment is typically accomplished by gas or injection, electrocution, hanging, or shooting. The death penalty is the most controversial penal practice in the modern world.

About 90 nations have abolished the death penalty. Only two advanced industrial democracies, the United States and Japan, retain the death penalty.

There are the following pros of capital punishment:

1. Capital punishment removes the worst criminals from society and it is much cheaper and safer for the rest of us.

2. It is the best form of revenge for terrible crimes.

The cons of capital punishment are the following:

1. Innocent people may be executed.

2. The innocent family and friends of criminals must also go through hell in the time leading up to and during the execution.

3. Criminals are real people too, who have life and with it the capacity to feel pain and emotions.

4. Capital punishment is the violation of human rights.

5. The presence or absence of capital punishment does not visibly influence the rate of homicide.

And the most horrible thing is that nobody can be insured against this inhuman and cruel, verdict!

AND WHAT DO YOU THINK ABOUT Capital Punishment??? FOR or against???

<:3 )~~~~~~

Yours sincerely,

AlexSandra

INSURANCE AGAINST MISTAKEN CRIMINATION

Friday, July 7th, 2006

When I speak about some specific policies that will satisfy all the requirements I mean also insurance against mistaken crimination. It means that I will get insurance compensation if you have to bear losses because of mistaken crimination and a jury trial. If you decide to buy such an policy, you should have at least some basic knowledge about such things as «the opening statements», «the presentation of evidence» and other stages of any jury trial.

So, arrest is the act of taking suspects into the custody and depriving the person of liberty. People may be arrested after they are accused of murder, theft, or other criminal offences. For some crimes, and under certain conditions, a police officer must obtain a court order called a warrant before making an arrest. But an officer does not need a warrant to arrest a person in the act of committing a crime. Until the person charged is tried in a court, and the crime or offence is proved to have happened, it is an alleged offence. Usually only those people who are accused of such serious crimes as murder are forced to stay in jail until they are brought to trial. Other people are allowed to go free until trial if they can provide a sum of money called bail. This money is a pledge to appear for trial.

Trial is a method of settling disputes verbally in a court of law. In most cases, the people on each side of the dispute use a lawyer to represent their views, present evidence, and question witnesses.

A jury trial begins with the selection of the jurors. That’s the first step of the trial.

The next step of the trial is “The opening statements”. The lawyers for each side will discuss their views of the case that you are to hear and will also present a general picture of what they intend to prove about the case. What the lawyers say in their opening statements is not evidence and, therefore, does not help prove their cases.

The third step is “The presentation of evidence”. All parties are entitled to present evidence. Many things you will see and hear during the trial are not evidence. For example, what the lawyers say in their opening and closing statements is not evidence. Physical exhibits offered by the lawyers, but not admitted by the judge, are also to be disregarded. Many times during the trial the lawyers may make objections to evidence presented by the other side or to questions asked by the other lawyer. Lawyers are allowed to object to these things when they consider them improper under the laws of evidence. It is up to the judge to decide whether each objection was valid or invalid. If the objection was valid, the judge will sustain the objection. It is your duty as a juror to decide the importance of evidence or testimony allowed by the judge.

The fourth step is called “The Instructions”. Following presentation of all the evidence, the judge instructs the jury on the laws that are to guide in their verdict. A copy of the instructions will be sent to the jury room for the use of jurors during their deliberations. All documents or physical objects that have been received into evidence will also be sent to the jury room.

Then the next step – “Closing arguments” – begins. The lawyers in the closing arguments summarize the case from their point of view. They may discuss the evidence that has been presented or comment on the credibility of witnesses. The lawyers may also discuss any of the judge’s instructions that they feel are of special importance to their case. These arguments are not evidence.

 

<:3 )~~~~~~

Yours sincerely,

AlexSandra

PROPERTY INSURANCE AGAINST CRIME (part 2)

Thursday, July 6th, 2006

For statistical purposes, many governments divide crimes into offenses against people, against property, against public order or public morality. Crimes against people (or private wrong) include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishment. Crimes against property include arson, motor vehicle theft, burglary, embezzlement, forgery, fraud, larceny and vandalism (usually the list of such crimes is used by your underwriters while drawing up your policy of insurance). In most cases, these crimes bring lighter penalties, than do crimes against people. Crimes against public order or morality include disorderly conduct, gambling, prostitution, public drunkenness, and vagrancy. These offences generally involve lighter penalties than do crimes against people or property.
There are three criminal activities that are directed against the existence of the state itself: treason, sedition and rebellion. Treason is the crime of betraying a nation by acts considered dangerous to its security. Sedition refers generally to the offense of organizing or encouraging opposition to the government, especially in speeches or writing. In wartime seditious acts may often be classified as treason. Rebellion is an attempt to overthrow the government. it is reasonable that such crimes you will not find in insurance policy. :)
Some activities, such as gambling or prostitution, are often called victimless crimes because both the buyer and the seller take part in them willingly – this fact doesn’t sound insurance too, but I think that it’s a good conclusion. :)
Also I’d like to tell you about an interesting term “white-collar crime”. It refers to violations of law by persons who use their jobs to engage in illegal activities. The term covers such acts as cheating in the payment of taxes, embezzlement, and fraud. It may apply to petty thefts by employees, as well as to million-dollar stock market swindles.
Computer crime is a way to commit crime, not a type of crime. Computer crimes are difficult to detect but easy to accomplish. A lot of companies use such a «novelty» in services of insurance enterprises to  insure themselves against hacking.
Organized crime is one of the largest business enterprises in the advanced industrial societies. Gambling, drug trafficking, loan sharking, prostitution, racketeering have long been controlled by various organized crime factions.
Sometimes different crimes, such as robbery, can be foiled. In this case the robbers do not get what they came for, and they may flee empty-handed: they get away, but with no loot.
It is generally agreed that the essential elements of crime are voluntary actions or failure to act and a certain state of mind. Failing to act includes not doing something an individual is required to do by law, such as get a driver’s license before driving an automobile. The mental element in a crime is that the person committing it usually acts purposely, knowingly, or negligently.
In order to prevent crimes many criminologists stress the need for improving the performance of criminal justice agencies. One more way to reduce crime is to reform habitual criminals. There are many other ways to reduce crime. People can be educated or persuaded to take greater precautions against crime. They can be taught, for example, how to protect their homes from burglary. Better lighting and strict gun-licensing laws would greatly reduce crime, but the most effective method to secure yourself against crime is insurance! :)

PROPERTY INSURANCE AGAINST CRIME

Wednesday, July 5th, 2006

There are a lot of different types of insurance, and in most cases in different insurance companies you will be offered standardized policies. But there are also some specific policies that will satisfy all the requirements especially for particular clients.  For example, you can insure your property against different types of crime that will be committed with respect to it. If you decide to do it, you should have at least some basic knowledge about such concepts as «crime», «legal liability» and other technical terms of law.
So, crime is a term that refers to many types of misconduct forbidden by law.
The list of acts considered crimes is constantly changing. For example, people are no longer charged with witchcraft, though many were accused of that crime earlier. :) In 1920s in the USA the manufacture or sale of alcoholic drinks was forbidden. Now it’s a legal job.
An act is viewed as a crime if enough evidence exists to make a police officer, a prosecutor, or a judge believe that a violation of criminal law has taken place. A person who commits any crime is called a criminal. The study of criminal behavior is called criminology and experts in this field are called criminologists. Criminologists study crime and criminals in order to determine where, when and why different types of crime occur. They also seek the relations between criminals and their victims, as well as the most effective ways to prevent crime.
By the way, people commit crimes for various reasons. It is not related to insurance itself, but these facts can help you to understand criminals (and don’t say me that it is job for criminologists :) ). So, for example, many people steal things they could not obtain otherwise. Others, such as drug addicts, steal to get money to buy narcotics or other things they need. Some shoplifters steal for excitement, but others do so because they are poor or sick (I mean kleptomania). Many take cars for joy-riding, but others sell the stolen cars. Many embezzlers take money from their employers to meet a personal emergency, intending to return the money. Some crimes are concerned with violence. A robber may kill the victim to avoid detection. A man may beat his wife in a rage during a quarrel. The researches show that many people who became criminals were neglected by their parents. Such treatment made them ignore the needs or rights of others. Some criminologists think that society makes people commit crimes.
Crimes are frequently classified according to their seriousness as felonies or misdemeanors. Generally, felonies are more serious than misdemeanors. Felonies are punishable by death, or by imprisonment for a year or more. Homicide, arson, rape, robbery, burglary, and larceny refer to felonies. Most people convicted of felonies serve their sentence in state or federal prisons. A misdemeanor is punishable by a fine or by imprisonment for less than a year. Among the most common misdemeanors are disorderly conduct, public drunkenness, and automobile driving violations. People convicted of misdemeanors serve their sentence in city or county jails or houses of correction.