| Group
E :
Departure term
Where the seller makes
the goods available to the buyer at the seller's own premises.
EXW
- EX WORKS
(... named place)
"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.
" This term thus represents the minimum obligation for the seller.
" The buyer must bear all costs and risks involved in taking the
goods from the seller's premises.
" This term should not be used when the buyer cannot carry out directly
or indirectly the export formalities. In such circumstances, the FCA term
should be used provided the seller agrees that he will load at his cost
and risk.
Critical Points:
1: Carriage to be arranged by the buyer.
2: Risk transfer from seller to buyer when the goods are at the disposal
of the buyer.
3: Cost transfer from seller to buyer when the goods are at the disposal
of the buyer.
Group
F: Shipment
terms - Main carriage not paid by the seller
Where the seller is called on
to deliver the goods to a carrier named by the buyer, (FCA, FAS and FOB).
These are shipment contracts with the shipment point named, and carriage
unpaid by the seller.
FCA
- FREE CARRIER (... named place)
"Free Carrier"
means the seller delivers the goods cleared for export to the carrier
nominated by the buyer at the named place. It should be noted that the
chosen place of delivery has an impact on the obligations of loading and
unloading the goods at that place. If delivery occurs at the seller's
premises, the seller is responsible for loading. If delivery occurs at
any other place, the seller is not responsible for unloading.
" This term may be used for any mode of transport, including multimodal
transport.
"Carrier" means any person who, in a contract of carriage, undertakes
to perform or to procure the performance of transport by rail, road, sea,
air, inland waterway or by a combination of such modes. If the buyer nominates
a person other than a carrier to receive the goods, the seller is deemed
to have fulfilled his obligation to deliver the goods when they are in
the custody of that person.
Critical Points:
1: Carriage to be arranged by the buyer or by the seller on the buyer's
behalf.
2: Risk transfer from seller to buyer when the goods have been delivered
to the carrier at the names place.
3: Cost transfer from seller to buyer when the goods have been delivered
to the carrier at the named place.
FAS
- FREE ALONGSIDE SHIP (... named port of shipment)
"Free Alongside
Ship" means that the seller delivers when the goods are placed alongside
the vessel at the named port of shipment. This means that the buyer has
to bear all costs and risks of loss of or damage to the goods from that
moment. The FAS term requires the seller to clear the goods for export.
THIS IS A REVERSAL FROM PREVIOUS INCOTERMS VERSIONS, WHICH REQUIRED THE
BUYER TO ARRANGE FOR EXPORT CLEARANCE.
Critical Points:
1: Carriage to be arranged by the buyer.
2: Risk transfer from seller to buyer when goods have been placed alongside
ship.
3: Cost transfer from seller to buyer when goods have been placed alongside
ship.
FOB
- FREE ON BOARD (... named port of shipment)
"Free on Board"
means the seller delivers when the goods have passed over the ship's rail
at the named port of shipment. The buyer has to bear all costs and risks
of loss of or damage to the goods from that point. The FOB term requires
the seller to clear the goods for export.
" This term can only be used for sea or inland waterway transport.
" When the ship's rail serves no practical purpose, as in the case
of roll-on/roll-off or container traffic, the term FCA is appropriate.
Critical Points:
1: Carriage to be arranged by the buyer.
2: Risk transfer from seller to buyer when goods pass the ship's rail
3: Cost transfer from seller to buyer when goods pass the ship's rail.
Group
C: Shipment
terms - Main carriage paid by the seller
CFR
- COST AND FREIGHT (... named port of destination)
"Cost and
Freight" means the seller delivers when the goods pass the ship's
rail in the port of shipment. Seller must pay the costs and freight necessary
to bring goods to the named port of destination, BUT the risk of loss
of or damage to the goods, as well as any additional costs due to events
occurring after the time of delivery, are transferred from the seller
to the buyer. CFR requires seller to clear goods for export.
" This term can only be used for sea and inland waterway transport.
" When the ship's rail serves no practical purpose, as in the case
of roll-on/roll-off or container traffic, the CPT term is more appropriate.
Critical Points:
1: Carriage to be arranged by the seller.
2: Risk transfer from seller to buyer when the goods pass the ship's rail.
3: Cost transfer at the port of destination, buyer paying such costs as
are not for the seller's account under the contract of carriage.
CIF
- COST, INSURANCE AND FREIGHT (... named port of destination)
"Cost, Insurance
and Freight" means seller has the same obligations as under CFR but
with the addition that he has to procure marine insurance against buyer's
risk of loss of or damage to goods during the carriage. Seller contracts
for insurance and pays the insurance premium.
" The buyer should note that under the CIF term the seller is only
required to obtain insurance on minimum coverage.
" The CIF term requires the seller to clear the goods for export.
" This term can only be used for sea and inland waterway transport.
" When the ship's rail serves no practical purposes as in the case
of roll-on/roll-off or container traffic, the CIP term is more appropriate.
Critical Points:
1: Carriage and insurance arranged by the seller.
2: Risk transfer from seller to buyer when goods pass the ship's rail.
3: Cost transfer at port of destination, buyers paying such costs as are
not for the seller's account under the contract of carriage.
CPT
- CARRIAGE PAID TO (... named place of destination)
"Carriage
paid to... " means 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. This means the buyer bears
all risks and any other costs occurring after the goods have been delivered.
The risk of loss of or damage to the goods, as well as any additional
costs due to events occurring after the time the goods have been delivered
to the carrier, is transferred from the seller to the buyer when the goods
have been delivered into the custody of the carrier.
"Carrier" means any person who, in a contract of carriage, undertakes
to perform or to procure the performance of' transport, by rail, road,
sea, air, inland waterway or by a combination of such modes.
" If subsequent carriers are used for the carriage to the agreed
destination, risk passes when the goods are delivered to the first carrier.
" The CPT term requires the seller to clear the goods for export.
" This term may be used for any mode of transport including multimodal
transport.
Critical Points:
1: Carriage to be arranged by the seller
2: Risk transfer from seller to buyer when the goods have been delivered
to the carrier.
3: Cost transfer at port of destination, buyer paying such costs as are
not for the seller's account under the contract of carriage.
CIP
- CARRIAGE AND INSURANCE PAID TO (... named place of destination)
"Carriage
and insurance paid to..." means the seller has the same obligations
as under CPT but with the addition that the seller has to procure cargo
insurance against the buyer's risk of loss of or damage to the goods during
the carriage. The seller contracts for insurance and pays the insurance
premium.
" Buyer should note, under the CIP term the seller is only required
to obtain insurance on minimum coverage.
" The CIP term requires the seller to clear the goods for export.
" This term may be used for any mode of transport including multimodal
transport.
Critical Points:
1: Carriage and insurance to be arranged by the seller.
2: Risk transfer from seller to buyer when goods have been delivered to
the carrier.
3: Cost transfer at the place of destination, the buyer paying such costs
as are not for the seller's account under the contract of carriage.
Group
D: Arrival Terms
Where the seller has to bear all
costs and risk needed to bring the goods to the country of destination.
DAF
- DELIVERED AT FRONTIER (... named place)
"Delivered
at Frontier" means 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. The term "frontier" may be used for any frontier including
that of the country of export. Therefore, it is of vital importance that
the frontier in question be defined precisely by always naming the point
and place in the term.
" Term is primarily intended to be used when goods are carried by
rail or road, but may be used for any mode.
Critical Points:
1: Carriage to be arranged by the seller.
2: Risk transfer from seller to buyer when goods have been delivered at
the frontier.
3: Cost transfer from seller to buyer when the goods have been delivered
at the frontier.
DES
- DELIVERED EX SHIP (... named port of destination)
"Ex Ship"
means the seller delivers when the goods have been placed at the disposal
of the buyer on board the ship not cleared for import at the named port
of destination.
" The seller has to bear all the costs and risks involved in bringing
the goods to the named port of destination.
" This term can only be used for sea or inland waterway or multimodal
transport on a vessel in the port of destination.
Critical Points:
1: Carriage to be arranged by the seller.
2: Risk transfer from seller to buyer when goods are placed at disposal
of buyer on board the ship.
3: Cost transfer from seller to buyer when goods are placed at disposal
of buyer on board the ship.
DEQ
- DELIVERED EX QUAY (DUTY PAID) (... named port of destination)
"Delivered
Ex Quay (duty paid)" means that the seller delivers when the goods
have been placed at the disposal of the buyer not cleared for import on
the quay (wharf) at the named port of destination. The seller has to bear
all risks and costs of bringing the goods to the named port and discharging
the goods on the quay. The DEQ term requires the buyer to clear the goods
for import and to pay for all formalities, duties, taxes, and other charges
upon import. THIS IS A REVERSAL FROM PERVIOUS INCOTERMS VERSIONS, WHICH
REQUIRED THE SELLER TO ARRANGE FOR IMPORT CLEARANCE.
" If the parties wish to include in the seller's obligations all
or part of the costs payable upon import of the goods, this should be
made clear by adding explicit wording to this effect in the contract of
sale
" This term may only be used when the goods are to be delivered by
sea or inland waterway or multimodal transport on discharging from a vessel
onto the quay at the port of destination.
" If the parties wish the buyer to clear the goods for importation
and pay the duty the words duty unpaid, should be used instead of "duty
paid".
Critical Points:
1: Carriage to be arranged by seller.
2: Risk transfer from seller to buyer when goods are placed at the disposal
of the buyer on the quay.
3: Cost transfer from seller to buyer when goods are placed at the disposal
of the buyer on the quay.
DDU
- DELIVERED DUTY UNPAID (... named place of destination)
"Delivered
duty unpaid" means the seller delivers the goods to the buyer not
cleared for import, and not unloaded from any arriving means of transport
at the named place of destination. The seller has to bear the costs and
risks involved in bringing the goods thereto, other than, where applicable,
any duty (which term includes the responsibility and the risks of the
carrying out of customs formalities and the payment of formalities, customs
duties, taxes and other charges) for import in the country of destination.
Such duty must be born by the buyer as well as any costs and risks caused
by his failure to clear the goods for import on time.
" If the parties wish the seller to carry out customs formalities
and bear the costs and risks resulting therefrom, this has to be made
clear by adding explicit wording to the effect in the contract of sale.
" This term may be used irrespective of the mode of transport.
Critical Points:
1: Carriage to be arranged by seller.
2: Risk transfer from seller to buyer when goods are placed at the disposal
of buyer.
3: Cost transfer from seller to buyer when goods are placed at the disposal
of buyer.
DDP
- DELIVERED Duty PAID (... named place of destination)
"Delivered
duty paid" means the seller delivers the goods to the buyer cleared
for import and not unloaded from any arriving means of transport at the
named place of destination. The seller has to bear all the risks and costs
involved in bringing the goods thereto, including, where applicable, any
duty (which term includes the responsibility and the risks of the carrying
out of customs formalities and the payment of formalities, customs duties,
taxes and other charges) for import in the country of destination.
" DDP represents the maximum obligation for the seller.
" If parties wish the buyer to bear all risks and costs of import,
the term DDU should be used.
" This term may be used irrespective of the mode of transport.
Critical Points:
1: Carriage to be arranged by seller.
2: Risk transfer from seller to buyer when goods are placed at the disposal
of the buyer.
3: Cost transfer from seller to buyer when goods are placed at the disposal
of the buyer.
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