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 (works, factory, warehouse, etc.)
not cleared for export and not loaded on any collecting vehicle.
That means minmum obligation for the seller and the buyer has
to 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 the
export formalities directly or indirectly. In such circumstances,
the FCA term should be used, provided the seller agrees that he
will load at his cost and risk.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
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.
A2 Licences, 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 licence or other official authorization necessary for
the export of the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer at
the named place of delivery, on the date or within the period
agreed or, if no such time is agreed, at the usual time for delivery
of such goods: If no specific point has been agreed within the
named place, and if there are several points available, the seller
may select the point at the place of delivery which best suits
his purpose.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay all costs
relating to the goods until such time as they have been delivered
in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice as to when and
where the goods will be placed at his disposal.
A8 Proof of delivery, transport document or
equivalent electronic message
No obligation.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc., which are necessary
for the purpose of placing the goods at the buyer’s disposal.
The seller must provide at his own expense packaging which is
required for the transport of the goods, to the extent that the
circumstances relating to the transport such as ‘modalities’,
‘destination’ etc., are advised to the seller before
the conclusion of the contract of sale. Packaging is to be marked
appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain documents or equivalent
electronic messages issued or transmitted in the country of delivery
and/or origin which the buyer may require for the export and/or
import of the goods and, where necessary, for their transit via
any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any export and import licence or other official authorization
and fulfill, where applicable, all customs formalities for the
export of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4 and A7/B7.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4; and 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 that the goods have been
duly appropriated to the contract, i. e. clearly set aside or
otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-the additional costs incurred by failing to take delivery of
the goods when they have been placed at his disposal or to give
notice in accordance with B7, provided that the goods have been
duly appropriated to the contract, i. e. clearly set aside or
otherwise identified as the contract goods,
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out
customs formalities upon .
customs formalities upon export.
The buyer must reimburse all costs and charges paid by the seller
in rendering assistance in accordance with A2.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time
within an agreed period and/or the place of taking delivery, give
the seller sufficient notice thereof.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must provide the seller with appropriate evidence of
having taken delivery.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, including
inspection mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
FCA
FREE CARRIER (....named place)
“Free Carrier” means that the seller delivers the
goods cleared for export, to the carrier nominated by the buyer
at the named place. 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 must effect the loading. In case delivery occurs at any
other place, the seller is not responsible for unloading.
The term may be used irrespective of the mode of transport, including
multimodal transport.
“Carrier” means any person who, in a contract of carriage,
undertakes to perform or to provide the performance of transport
by rail, road, air, sea, inland waterway or by a combination of
such modes of transport.
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 delivered to that person.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation. But if requested by the buyer or if it is commercial
practice and the buyer does not give an instruction to the contrary
in due time, the seller may arrange for carriage 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.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must deliver the goods to the carrier or another person
nominated by the buyer, or chosen by the seller in accordance
with A3 a), at the named place on the date or within the period
agreed for delivery.
Delivery is understood to be completed:
1. In the case of rail transport, when the goods constitute a
wagon load or a container load carried by rail, the seller has
to load the wagon or container in the appropriate manner. Delivery
is completed when the loaded wagon or container is taken over
by the railway or by another person acting on its behalf.
When the goods do not constitute a wagon or container load, delivery
is completed when the seller has handed over the goods at the
railway receiving point or loaded them into a vehicle provided
by the railway.
2. In the case of road transport, when loading takes place at
the seller’s premises, delivery is completed when the goods
have been loaded on the vehicle provided by the buyer.
When the goods are delivered to the carrier’s premises,
delivery is completed when they have been handed over to the road
carrier or to another person acting on his behalf.
3. In the case of transport by inland waterway, when loading takes
place at the seller’s premises, delivery is completed when
the goods have been loaded on carrying vessel provided by the
buyer.
When the goods are delivered to the carrier’s premises,
delivery is completed when they have been handed over to the inland
waterway carrier or to another person acting on his behalf.
4. In the case of sea transport, when the goods constitute a full
container load (FCL), delivery is completed when the loaded container
is taken over by the sea carrier. When the container has been
carried to an operator of a transport terminal acting on behalf
of the carrier, the goods shall be deemed to have been taken over
when the container has entered into the premises of that terminal.
When the goods are less than a container load (LCL), or are not
to be containerised, the seller has to carry them to the transport
terminal. Delivery is completed when the goods have been handed
over to the sea carrier or to another person acting on his behalf.
5. In the case of air transport, delivery is completed when the
goods have been handed over to the air carrier or to another person
acting on his behalf.
6. In the case of unnamed transport, delivery is completed when
the goods have been handed over to the carrier or to another person
acting on his behalf.
7. In the case of multimodal transport, delivery is completed
when the goods have been handed over as specified in 1) –
6), as the case may be.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they
have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and
other charges payable upon export
.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods
have been delivered in accordance with A4. Should the carrier
fail to take delivery in accordance with A4 at the time agreed,
the seller must notify the buyer accordingly.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer at the seller’s expense
with the usual proof of delivery of the goods in accordance with
A4.
Unless the document referred to is the transport document, the
seller must assist the buyer, at the buyer’s request, risk
and expense, in obtaining a transport document for the contract
of carriage (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).
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc., which are necessary
for the purpose of delivering the goods
The seller must provide at his own expense packaging which is
required for the transport of the goods, to the extent that the
circumstances relating to the transport such as ‘modalities’,
‘destination’ etc., are advised to the seller before
the conclusion of the contract of sale. Packaging is to be marked
appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of
the goods from the named place, except when the contract of carriage
is made by the seller as provided for in A3 a).
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4; and from the agreed date or the expiry date of any period
fixed for delivery which arise because he fails to nominate the
carrier or another person in accordance with A4, or because the
carrier or the party nominated by the buyer fails to take the
goods into his charge at the agreed time , or because the buyer
fails to give appropriate notice in accordance with B7, provided
that the goods have been duly appropriated to the contract, i.
e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-the additional costs incurred because he fails to nominate the
carrier or another person in accordance with A4 or because the
party nominated by him fails to take delivery of the goods into
his charge at the agreed time , or because the buyer fails to
give appropriate notice in accordance with B7, provided that the
goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their transit via any country.
B7 Notice to the seller
The buyer must give the seller sufficient notice of the name of
the party designated in A4 and, where necessary, specify the mode
of transport, as well as the date or period for delivering the
goods to him and, as the case may be, the point within the place
where the goods should be delivered to that party.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the proof of delivery.in accordance with
A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith and in contracting for carriage in
accordance with A3 a).
The buyer must give the seller appropriate instructions whenever
the seller’s assistance in contracting for carriage is required
in accordance with A3 a).
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 or of damage to the goods from
that moment.
The FAS term requires the seller to clear the goods for export.
But, if the parties wish the buyer to clear the goods for export,
this should be made clear by adding explicit wording to this effect
in the contract of sale.
This term can be used only for sea or inland waterway transport.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b)Contract of insurance
No obligation
A4 Delivery
The seller must place the goods alongside the vessel nominated
by the buyer at the loading place named by the buyer at the named
port of shipment on the date or within the agreed period and in
the manner customary at that port.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they
have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods
have been delivered alongside the nominated vessel.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer at the seller’s expense
with the usual proof of delivery of the goods in accordance with
A4.
Unless the document referred to is the transport document, the
seller must assist the buyer, at the buyer’s request, risk
and expense, in obtaining a transport document for the contract
of carriage (a negotiable bill of lading, a non-negotiable sea
waybill, an inland waterway document).
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc., which are necessary
for the purpose of delivering the goods
The seller must provide at his own expense packaging which is
required for the transport of the goods, to the extent that the
circumstances relating to the transport such as ‘modalities’,
‘destination’ etc., are advised to the seller before
the conclusion of the contract of sale. Packaging is to be marked
appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of
the goods from the named port of shipment.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4; and from the agreed date or the expiry date of any period
fixed 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 that the goods have been duly appropriated to the contract,
i. e. clearly set aside or otherwise identified as the contract
goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-the additional costs incurred because the vessel nominated by
him has failed to arrive on time, or is unable to take the goods,
or closes for cargo earlier than the time notified in accordance
with B7, or because he fails to give notice in accordance with
B7, provided that the goods have been duly appropriated to the
contract, i. e. clearly set aside or otherwise identified as the
contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their transit via any country.
B7 Notice to the seller
The buyer must give the seller sufficient notice of the vessel
name, loading port and required delivery time.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the proof of delivery in accordance with
A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
CFR
COST AND FREIGHT (....named port of destination)
“Cost and Freight” means that
the seller delivers when the goods pass the ship’s rail
in the port of shipment.
The seller must pay the costs and freight necessary to bring the
goods to the named port of destination but the risk of loss or
of 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.
The CFR term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport.
If the parties do not intend to deliver the goods across the ship’s
rail, the CPT term should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
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.
b) Contract of insurance
No obligation
A4 Delivery
The seller must deliver the goods on board the vessel at the port
of shipment on the date or within the agreed period.
A5 Transfer of risks
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
passed the ship’s rail at the port of shipment.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they
have been delivered in accordance with A4 and
• 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 he agreed port of discharge which were for the
seller’s account under the contract of carriage; and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export,
and for their transit through any country if they were for the
seller’s account under the contract of carriage.
A7 Notice to the buyer
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.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer without delay and at his own
expense with the usual transport document for the agreed port
of destination.
This document (a negotiable bill of lading, a non-negotiable sea
waybill, an inland waterway document) must cover the contract
goods, be dated within the period agreed for shipment, enable
the buyer to claim the goods from.the carrier at the port of destination
and, unless otherwise agreed, enable the buyer to sell the goods
in transit by the transfer of the document to another buyer or
by notification to the carrier.
When such a transport document is issued in several originals,
a full set of originals must be presented to the buyer.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc., which are necessary
for the purpose of delivering the goods
The seller must provide at his own expense packaging which is
required for the transport of the goods arranged by him. Packaging
is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes.
.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods
when they have been delivered in accordance with A4 and receive
them from the carrier at the named port of destination.
. B5 Transfer of risks
The buyer must bear all risks of loss of or
damage to the goods from the time they have passed the ship’s
rail at the port of shipment.
The buyer must, should he fail to give notice
in accordance with B7, bear all risks of loss of or damage to
the goods from the agreed date or the expiry date of the period
fixed for shipment, provided that the goods have been duly appropriated
to the contract, i. e. clearly set aside or otherwise identified
as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions
of A3 a), pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit
until their arrival at the port of destination, unless such costs
and charges were for the seller’s account under the contract
of carriage,
-unloading costs including lighterage and wharfage charges unless
such costs and charges were for the seller’s account under
the contract of carriage,
- 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 shipment provided that the
goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their transit via any country
unless included within the cost of the contract of carriage..
B7 Notice to the seller
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.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the transport document in accordance with
A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
CIF
COST, INSURANCE AND FREIGHT (...named port of destination)
“Cost, Insurance and Freight”
means that the seller delivers when the goods pass the ship’s
rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the
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. However, in CIF the seller also has to
procure marine insurance against the buyer’s risk of loss
of or damage to the goods during the carriage.
Consequently, the seller contracts for insurance and pays the
insurance premium. The buyer should note that under the CIF term
the seller is required to obtain insurance only on minimum cover.
Should the buyer wish to have the protection of greater cover,
he would either need to agree as much expressly with the seller
or to make his own extra insurance arrangements.
The CIF term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport.
If the parties do not intend to deliver the goods across the ship’s
rail, the CIP term should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
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.
b) Contract of insurance
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.
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.
The duration of insurance cover shall be in accordance with B5
and B4. When required by the buyer, the seller shall provide at
the buyer’s expense war, strikes, riots and civil commotion
risk insurances if procurable. 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.
A4 Delivery
The seller must deliver the goods on board the vessel at the port
of shipment on the date or within the agreed period.
A5 Transfer of risks
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
passed the ship’s rail at the port of shipment.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they
have been delivered in accordance with A4 and
• the freight and all other costs resulting from A3 a),
including the costs of loading the goods on board and
• the costs of insurance resulting from A3 b) and
• any charges for unloading at he agreed port of discharge
which were for the seller’s account under the contract of
carriage; and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export,
and for their transit through any country if they were for the
seller’s account under the contract of carriage.
A7 Notice to the buyer
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.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer without delay and at his own
expense with the usual transport document for the agreed port
of destination.
This document (a negotiable bill of lading, a non-negotiable sea
waybill, an inland waterway document) must cover the contract
goods, be dated within the period agreed for shipment, enable
the buyer to claim the goods from.the carrier at the port of destination
and, unless otherwise agreed, enable the buyer to sell the goods
in transit by the transfer of the document to another buyer or
by notification to the carrier.
When such a transport document is issued in several originals,
a full set of originals must be presented to the buyer.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods
The seller must provide at his own expense packaging which is
required for the transport of the goods arranged by him. Packaging
is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for any additional insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods
when they have been delivered in accordance with A4 and receive
them from the carrier at the named port of destination.
. B5 Transfer of risks
The buyer must bear all risks of loss of or
damage to the goods from the time they have passed the ship’s
rail at the port of shipment.
The buyer must, should he fail to give notice
in accordance with B7, bear all risks of loss of or damage to
the goods from the agreed date or the expiry date of the period
fixed for shipment, provided that the goods have been duly appropriated
to the contract, i. e. clearly set aside or otherwise identified
as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions
of A3 a), pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit
until their arrival at the port of destination, unless such costs
and charges were for the seller’s account under the contract
of carriage,
-unloading costs including lighterage and wharfage charges unless
such costs and charges were for the seller’s account under
the contract of carriage,
- 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 shipment provided that the
goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their transit via any country
unless included within the cost of the contract of carriage..
B7 Notice to the seller
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.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the transport document in accordance with
A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
The buyer must provide the seller, upon request, with the necessary
information for procuring insurance.
CPT
CARRIAGE PAID TO (...named place of destination)
“Carriage 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. This means that the
buyer bears all risks and any other costs occurring after the
goods have been so delivered.
“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.
If subsequent carriers are used for the carriage to the agreed
destination, the risk passes when the goods have been delivered
to the first carrier.
The CPT term requires the seller to clear the goods for export.
The term may be used irrespective of the mode of transport, including
multimodal transport.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for
the carriage of the goods to the agreed point at the named place
of destination by a usual route and in a customary manner. 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.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must deliver the goods to the carrier contracted in
accordance with A3 or, if there are subsequent carriers to the
first carrier, for transport to the agreed point at the named
place on the date or within the agreed period.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they
have been delivered in accordance with A4 and
• the freight and all other costs resulting from A3 a),
including the costs of loading the goods and any charges for unloading
at the place of destination which were for the seller’s
account under the contract of carriage; and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export,
and for their transit through any country if they were for the
seller’s account under the contract of carriage.
•
A7 Notice to the buyer
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.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer at his own expense, if customary,
with the usual transport document or documents (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) for the transport contracted
in accordance with A3.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods.
The seller must provide at his own expense packaging which is
required for the transport of the goods arranged by him. Packaging
is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
b) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods
when they have been delivered in accordance with A4 and receive
them from the carrier at the named place.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4.
The buyer must, should he fail to give notice in accordance with
B7, bear all risks of the goods from the agreed date or the expiry
date of any period fixed for delivery provided that the goods
have been duly appropriated to the contract, i. e. clearly set
aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions
of A3 a), pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit
until their arrival at the agreed place of destination, unless
such costs and charges were for the seller’s account under
the contract of carriage,
-unloading costs unless such costs and charges were for the seller’s
account under the contract of carriage,
- 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 that the
goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their transit via any country
unless included within the cost of the contract of carriage.
.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time
for dispatching the goods and/or the destination, give the seller
sufficient notice thereof.
B8 Proof of delivery,
transport document or equivalent electronic message
The buyer must accept the transport document in accordance with
A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
DAF
DELIVERED AT FRONTIER (...named place)
“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. The term “frontier” may be used
for any frontier including that of the country of export. Therefore
it is very important that the frontier in question be defined
precisely by always naming the point and place in the term.
This term may be used irrespective of the mode of transport when
goods are to be delivered at a land frontier. When delivery is
to take place in the port of destination, on board a vessel or
on the quay (wharf), the DES or DEQ terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization or other document necessary
for placing the goods at the Buyer’s disposal.
The seller must effect, where applicable, all customs formalities
necessary to export the goods to the named place of delivery at
the frontier and for their transit through any country.
. A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of
the goods to the named point, if any, at the place of delivery
at the frontier. If a point at the named place of delivery at
the frontier is not agreed or is not determined by practice, the
seller may select the point at the named place of delivery which
best suits his purpose.
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.
The seller may decline to make the contract and, if he does, shall
promptly notify the buyer accordingly.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must place the goods at the disposal of the buyer on
the arriving means of transport not unloaded at the named place
of delivery at the frontier on the date or within the agreed period.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• Ưn addition to the costs resulting from A3 a), all costs
relating to the goods until such time as they have been delivered
in accordance with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export,
and for their transit through any country prior to delivery in
accordance with A4.
A7 Notice to the buyer
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.
A8 Proof of delivery, transport document or equivalent electronic
message
The seller must provide the buyer at his own expense with the
usual transport document or other evidence of the delivery of
the goods at the named place at the frontier in accordance with
A3 a).
The seller must, should the parties agree on on-going carriage
beyond the frontier in accordance with A3 a), provide the buyer
at the latter’s request, risk and expense, with the through
document of transport normally obtained in the country of dispatch
covering on usual terms the transport of the goods from the point
of dispatch in that country to the place of final destination
in the country of import named by the buyer.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is
required for the delivery of the goods at the frontier and for
the subsequent transport to the extent that the circumstances
like “modalities”, “destination” are advised
to the seller before the conclusion of the contract of sale. Packaging
is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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 via any country.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization or
other documents and fulfill, where applicable, all customs formalities
for the import of the goods and for their subsequent transport.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4.
The buyer must, should he fail to give notice in accordance with
B7, bear all risks of the goods from the agreed date or the expiry
date of the agreed period for delivery provided that the goods
have been duly appropriated to the contract, i. e. clearly set
aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4, including the expenses of unloading
necessary to take delivery of the goods from the arriving means
of transport at the named place of delivery at the frontier
- all additional costs incurred if he fails
to take delivery of the goods when they have been delivered in
accordance with A4, or to give notice in accordance with B7, provided
that the goods have been duly appropriated to the contract, i.
e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their subsequent transport.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time
within an agreed period and/or the point of taking delivery at
the named place, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the transport document and/or other evidence
of delivery in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
If necessary, according to A3 a), 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.
DES
DELIVERED EX SHIP (...named port of destination)
“Delivered Ex Ship” means that
the seller delivers when the goods are 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
before discharging. If the parties wish the seller to bear the
costs and risks of discharging the goods, then the DEQ term should
be used.
This term can be used only when the goods are to be delivered
by sea or inland waterway or multimodal transport on a vessel
in the port of destination.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods and for
their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of
the goods to the named point, if any, at the named port of destination.
If a point is not agreed or is not determined by practice, the
seller may select the point at the named port of destination which
best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
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..
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• Ưn addition to costs resulting from A3 a), all costs relating
to the goods until such time as they have been delivered in accordance
with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export
of the goods, and for their transit through any country prior
to delivery in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the estimated
time of arrival of the nominated vessel 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 delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic
message
The seller must provide the buyer at the seller’s expense
with the delivery order and/or the usual transport document (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.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is
required for the delivery of the goods at the frontier and for
the subsequent transport to the extent that the circumstances
like “modalities”, “destination” are advised
to the seller before the conclusion of the contract of sale. Packaging
is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4.
The buyer must, should he fail to give notice in accordance with
B7, bear all risks of the goods from the agreed date or the expiry
date of the agreed period for delivery provided that the goods
have been duly appropriated to the contract, i. e. clearly set
aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4, including the expenses of discharge
operations necessary to take delivery of the goods from the vessel
- all additional costs incurred if he fails to take delivery of
the goods when they have been placed at his disposal in accordance
with A4, or to give notice in accordance with B7, provided that
the goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time
within an agreed period and/or the point of taking delivery in
the named port of destination, give the seller sufficient notice
thereof.
B8 Proof of delivery, transport document or
equivalent electronic message
The buyer must accept the delivery order or the transport document
in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
DEQ
DELIVERED EX QUAY (...named port of destination)
“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. The seller has to bear all the costs
and risks involved in bringing the goods on the quay (wharf).
The DEQ term requires the buyer to clear the goods for import
and pay for all formalities, duties, taxes and other charges upon
import.
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 can be used only when the goods are to be delivered
by sea or inland waterway or multimodal transport on discharging
from a vessel onto the quay (wharf) in the port of destination.
However if the parties wish to include in the seller’s obligations
the risks and costs of the handling of the goods from the quay
to another place (warehouse, terminal, transport station..) in
or outside the port, the DDU or DDP terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods and for
their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of
the goods to the named quay (wharf), at the named port of destination.
If a specific quay (wharf) is not agreed or is not determined
by practice, the seller may select the quay (wharf) at the named
port of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer on
the quay (wharf) referred to in A3 a), on the date or within the
agreed period.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• Ưn addition to costs resulting from A3 a), all costs relating
to the goods until such time as they are delivered on the quay
(wharf) in accordance with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export
of the goods, and for their transit through any country prior
to delivery.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the estimated
time of arrival of the nominated vessel 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 delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic
message
The seller must provide the buyer at the seller’s expense
with the delivery order and/or the usual transport document (a
negotiable bill of lading, a non-negotiable sea waybill, an inland
waterway document, or a multimodal transport document) to enable
the buyer to take the goods and remove them from the quay (wharf).
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is
required for the delivery of the goods. Packaging is to be marked
appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request,
risk and expense, every assistance to obtain 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.
The seller must provide the buyer, upon request, with the necessary
information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods
as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorization and
fulfill, where applicable, all customs formalities for the import
of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods
when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage
to the goods from the time they have been delivered in accordance
with A4.
The buyer must, should he fail to give notice in accordance with
B7, bear all risks of the goods from the agreed date or the expiry
date of the agreed period for delivery provided that the goods
have been duly appropriated to the contract, i. e. clearly set
aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been
delivered in accordance with A4,
- all additional costs incurred if he fails to take delivery of
the goods when they have been placed at his disposal in accordance
with A4, or to give notice in accordance with B7, provided that
the goods have been duly appropriated to the contract, i. e. clearly
set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as
well as the costs of carrying out customs formalities payable
upon import of the goods and for their subsequent transport.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time
within an agreed period and/or the point of taking delivery in
the named port of destination, give the seller sufficient notice
thereof.
B8 Proof of delivery, transport document or equivalent electronic
message
The buyer must accept the delivery order or the transport document
in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except
when such inspection is mandated by the authorities of the country
of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned in A10
and reimburse costs and charges paid by the seller in assisting
him in accordance therewith.
DDU
DELIVERED DUTY UNPAID (...named place of destination)
“Delivered duty unpaid” means that 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”
for import in the country of destination. Such “duty”
has to be borne by the buyer as well as any costs and risks caused
by his failure to clear the goods for import in time.
This term may be used irrespective of the
mode of transport but when delivery is to take place in the port
of destination, on board a vessel or on the quay (wharf), the
DES or DEQ terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the
contract
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export
licence or other official authorization and effect, where applicable,
all customs formalities necessary to export the goods and for
their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of
the goods to the named place of destination. If a specific 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.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer or
at that of another person named by the buyer on any arriving means
of transport not unloaded, at the named place of destination on
the date or within the agreed period.
A5 Transfer of risks
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.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• Ưn addition to costs resulting from A3 a), all costs relating
to the goods until such time as they have been delivered in accordance
with A4 and
• where applicable, the costs of customs formalities as
well as all duties, taxes, and other charges payable upon export
of the goods, and for their transit through any country prior
to delivery in accordance with A4 .
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch
of the goods 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.
A8 Proof of delivery, transport document or
equivalent electronic message
The seller must provide the buyer at the seller’s expense
with the delivery order and/or the usual transport document (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) which
the buyer may require to take delivery of the goods in accordance
with A4/B4.
When the seller and the buyer have agreed to communicate electronically,
the document referred to may be replaced by an equivalent electronic
data interchange (EDI) message
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such
as checking quality, measuring, weighing etc, which are necessary
for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is
required for the delivery of the goods Packaging is to be marked
appropriately.
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