The two have nothing to do with each other. One is a term, which can be understood as a language method and term for communication. One is rules.
1. Incoterms are also called trade terms and price terms
In international trade, the obligations assumed by buyers and sellers will affect the price of goods. In the long-term practice of international trade, certain trade conditions closely related to prices have gradually been directly linked to prices, and several quotation models have been formed.
Each model stipulates the obligations of buyers and sellers in certain terms of trade. The terms used to describe this obligation are called trade terms.
2. The main contents of the United Nations Convention on Contracts for the International Sale of Goods:
1. The basic principles of the Convention. The principles of establishing a new international economic order, the principle of equality and mutual benefit, and the principle of taking into account different social, economic and legal systems. These basic principles are the basis for the implementation, interpretation and revision of the Convention, and are also the criteria for handling international sales of goods and developing international trade relations.
2. Scope of application.
First, the Convention only applies to contracts for the international sale of goods, that is, contracts for the sale of goods concluded between two parties with places of business in different countries. However, the Convention cannot be applied to international sales of certain goods. clearly stipulated.
Second, the Convention applies to contracts in which the parties have their places of business in a contracting state. However, if according to the conflict rules applicable to the "contract", the "contract" shall be governed by the law of a contracting state. In this case The Convention on Contracts of Sale shall also apply in this case regardless of whether the parties to the contract have a place of business in that Contracting State. In this regard, a contracting state may declare reservations when ratifying or acceding.
Third, the parties can expressly stipulate in the contract that the Convention does not apply. (The scope of application does not allow reservation by the contracting state)
3. Conclusion of the contract. Including the form of the contract and the legal effect of the offer (offer) and acceptance (commitment).
4. Rights and obligations of buyer and seller.
First, the seller’s responsibility mainly consists of three obligations: delivery of the goods; handing over all documents related to the goods; and transferring ownership of the goods.
Second, the buyer’s responsibility mainly consists of two obligations: paying the price of the goods; and receiving the goods.
Third, it stipulates in detail the remedies for the seller and buyer to breach the contract.
Fourth, several situations of risk transfer are stipulated.
Fifth, it clarifies the meaning of fundamental breach of contract and anticipated breach of contract and the obligations that both parties should perform when this happens.
Sixth, the conditions for the basis for exemption are clearly stipulated.
As of December 29, 2015, 84 countries have ratified and joined the Convention, including:
Albania, Argentina, Armenia, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Burundi, Canada, Chile, China, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Gabon.
Georgia, Germany, Greece, Guinea, Honduras, Hungary, Iceland, Iraq, Israel, Italy, Japan, Kyrgyzstan, Latvia, Lebanon, Lesotho, Liberia, Lithuania, Luxembourg, Mauritania, Mexico, Moldova, Mongolia, Montenegro, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Romania, South Korea.
Russian Federation, Saint Vincent and the Grenadines, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, ?[5]?Syrian Arab Republic, Macedonia (former Yugoslavia** * and countries), Turkey, Uganda, Ukraine, the United States, Uruguay, Uzbekistan, Venezuela, Zambia, Benin, San Marino, Brazil, Bahrain, Congo, etc.
Reference for the above content: Baidu Encyclopedia--United Nations Convention on Contracts for the International Sale of Goods
Reference for the above content: Baidu Encyclopedia--Incoterms