飞机购买合同的条款

Tariff Clauses in Aircraft Sales Contracts

1. Incoterms and Delivery Terms

   • Contracts typically use Incoterms (like FOB, CIF, or DDP) to define responsibilities for transport, risk, and customs duties (including tariffs).

   • If the contract uses FOB (Free on Board) or similar, the buyer (Chinese airline) is usually responsible for import duties and tariffs.

   • If it’s DDP (Delivered Duty Paid), Boeing would bear the cost of any tariffs.

2. Force Majeure and Trade Barriers

   • Some contracts include Force Majeure clauses that cover “governmental actions,” including sudden imposition of tariffs or trade restrictions.

   • However, invoking this clause requires proving the impact was truly unforeseeable and beyond the party's control.

3. Change in Law / Hardship Clauses

   • Advanced contracts may include change-in-law provisions that trigger renegotiation or price adjustments if tariffs are imposed after signing.

   • This allows flexibility if the cost structure changes significantly due to government actions.

4. Price Adjustment Clauses

   • Some contracts have price escalation or adjustment mechanisms tied to duties or taxes.

   • Boeing might specify that if a tariff is imposed, the price is adjusted or the buyer must absorb the cost.

5. Termination or Suspension Rights

   • In more contentious situations, the buyer may have a right to suspend acceptance or terminate the contract if delivery becomes commercially unreasonable due to tariffs.

   • This is often negotiated case-by-case.