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products. It is equally unlikely that the exporter could benefit from the goodwill created by the
ETC with its foreign customers as well.
Piggy-backing
Eg: A customer of a firm enters a foreign market by setting up a manufacturing facility
The customer informs its suppliers that they will need to supply parts/raw materials for the newly
formed manufacturing facility in the foreign country
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Therefore, suppliers end up selling their product abroad piggy backing refer below
2. What are Incoterms and why they are used? Identify and explain the
Incoterm which is most- importer friendly; and the incoterm which is leastimporter friendly? Justify your answer with an example. Critically analyze the
advantages and the disadvantages posed to the importer in each incoterm.
Or the question will ask to explain and define CIF, CFR (C&F) or FOB too. Be
ready!
The Incoterms rules or International Commercial Terms (Incoterms) are a series of pre-defined
commercial terms published by the International Chamber of Commerce (ICC). They are widely
used in International commercial transactions or procurement processes.
A series of three-letter trade terms related to common contractual sales practices, the Incoterms
rules are intended primarily to clearly communicate the tasks, costs, and risks associated with the
transportation and delivery of goods. The Incoterms rules are accepted by governments, legal
authorities, and practitioners worldwide for the interpretation of most commonly used terms in
international trade.
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They are intended to reduce or remove altogether uncertainties arising from different
interpretation of the rules in different countries. As such they are regularly incorporated into
sales contracts worldwide.
What are Incoterms used for? Incoterms provide a common set of rules to clarify
responsibilities of sellers and buyers for the delivery of goods under sales contracts. They define
the transportation costs and responsibilities associated with the delivery of goods between buyers
(importers) and sellers (exporters) and reflect modern-day transportation practices. Incoterms
significantly reduce misunderstandings among traders and thereby minimize trade disputes and
litigation.
Incoterms establish the transfer of legal responsibility from the seller to the buyer at named point
in case of:
Damage or loss
Delivery period
Incoterm which is most friendly to the EXPORTER (aka Incoterm which is the least friendly to
the IMPORTER) = EXW (EX-WORKS)
Seller delivers when it places the goods at the disposal of buyer at the sellers premises or
another named place (i.e. factory, warehouse, etc.)
Seller does not need to load the goods on any collecting vehicle, nor does it need to clear
the goods for export, where such clearance is applicable
Buyer bears all risk of loss from time seller places goods at buyers disposal
Incoterm which is most friendly to the IMPORTRR (aka Incoterm which is the least friendly to
the EXPORTER) = DDP (Delivered Duty Paid)
The seller fulfills his obligation to deliver when the goods have been made available
at the named place in the country of importation
The seller has to bear all costs and risks involved in bringing the goods thereto
(including duties, taxes and other official charges payable upon importation) as well
as the costs and risks of carrying out customs formalities
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Whilst the EXW term represents the minimum obligation for the seller, DDP
represents the sellers maximum obligation
DDP term should not be used if the seller is unable directly or indirectly lo obtain
import licenses in the destination country
The buyer must instruct the seller the details of the vessel and the port where the goods
are to be loaded, and there is no reference to, or provision for, the use of a carrier or
forwarder.
Seller fulfills his obligation to deliver when the goods are on-board the vessel at the
named port of loading
This means that 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 at the origin
This term can only be used for sea or inland waterway transport
The risk is passed to the buyer (importer) as soon as the goods are on-board the vessel
The term is applicable for maritime and inland waterway transport only. Which means we
cannot use FOB for Air shipments Major mistake by traders
The risk of loss or damage is transferred from seller to buyer when the goods pass over
the ship's rail in the port of shipment.
The seller is required to clear the goods for export. This term should only be used for sea
or inland waterway transport.
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Seller delivers the goods on board the vessel or procures the goods already so delivered
The risk of loss of or damage to the goods passes when the goods are on-board the vessel
The seller must contract for and pay the costs and freight necessary to bring the goods to
the named port of destination
The seller must pay the costs, INSURANCE and freight required in bringing the goods to
the named port of destination.
The risk of loss of or damage to the goods passes when the goods are on-board the vessel.
Delivery is done when the Seller delivers the goods on board the vessel
The seller must contract for and pay the costs and freight necessary to bring the goods to
the named port of destination
While the seller is responsible for insuring the shipment, this obligation only extends to
the minimum level of insurance coverage.
If the buyer desires additional insurance, such extra coverage will have to be arranged by
the buyer.
A commercial term indicating that the seller delivers the goods to a carrier or to another
person nominated by the seller, at a place mutually agreed upon by the buyer and seller,
and that the seller pays the freight and insurance charges to transport the goods to the
specified destination.
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Carriage and Insurance Paid to (CIP) means that although the seller pays for freight and
insurance, the risk of damage or loss to the goods being transported is transferred from
the seller to the buyer as soon as the goods have been delivered to the carrier.
While the seller is responsible for insuring the shipment, this obligation only extends to
the minimum level of insurance coverage.
If the buyer desires additional insurance, such extra coverage will have to be arranged by
the buyer.
Incoterms are all the rage right now because the International Chamber of Commerce issued
its latest version called Incoterms 2010. Incoterms are shorthand in international sales
contracts, namely risk of loss and responsibility for delivery. If the merchandise is lost at sea,
for example, who bears the loss? Where are you supposed to deliver the merchandise to?
Who is handling export and customs clearance, and things like that. These issues are
important, but they are seldom litigated because Incoterms do not deal with the transfer of
title of the goods. They do not deal with who owns the goods or issues like whether the
goods are conforming or whether you even get paid. These issues are dealt with by the sales
contract, which can and should include Incoterms if you have them.
Incoterms are also not law. They are not treaty. They are conventions or suggestions. You are
allowed and encouraged, when you do use them, to modify them and supplement them to suit
your particular transaction.
Lets see how Incoterms actually were litigated in a 2002 court case out of the federal district
court, Southern District of New York. The case is St. Paul Guardian Insurance Company. vs.
Neurod Medical Systems. A US company bought medical equipment from a German
manufacturer. The parties agreed on an ocean shipment, but the medical equipment was
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damaged during the ocean voyage. The insurance company paid the US purchaser $285,000
because of the damages, and as subrogee, the insurance company sued the German producer
to recover that amount. The German company said it did not owe the money because this was
a CIF shipment, which placed the risk of loss on the buyer. The insurance company argued,
incorrectly, that the German supplier had to pay because the German company still owned
the medical equipment when it was damaged. The Court warned against confusing risk of
loss with title. Incoterms only deal with risk of loss, not title. You can own a shipment and,
depending on the Incoterms you choose, the risk of loss is on the other party, as was the case
here. The court concluded that the insurance company didnt have a case and dismissed the
lawsuit.
The biggest problem with Incoterms is that people confuse them with ownership rights.
Incoterms can provide a false sense of security that all the important issues in an international
sale have been dealt with,
Often parties dont even use Incoterms as intended or even at all. Thus, we can say that when
a contract between foreign seller/ exporter and the importer of record specifies that foreign
seller/exporter pays for freight and insurance, and if those charges are set out separately in
the invoice and elsewhere to CBP's satisfaction, then the importer of record can deduct those
charges and make sure it doesnt pay duty on them regardless of what the Incoterms say.
Risks in international trade study page 139 of the core text book
Country Risk
o The probability of not getting paid by a certain buyer as the buyers country does
not have funds to pay the debt (insufficient FOREX reserves) or because the
buyer is not legally allowed to pay the debt (political embargo)
o Some political, some strictly economic
o Political unrest / Strikes
o Volatility in policy changes, tariff changes where the importer will refuse
delivery
o In a country with a perceived high country risk, the exporter will prefer a term of
payment that is more secure. i.e. Cash in Advance
Commercial Risk
o The probability of not getting paid by a certain buyer as this buyer does not have
the sufficient funds to pay the debt, or the buyer refuses to pay the debt
o Can be obtained through various Credit Rating agencies, Factoring firms,
accounting firms, insurance companies etc.
o These could be reliable and unbiased, though they tend to be conservative in their
evaluations.
Exposure
o The risk of non-payment is the probability of not getting paid or of getting paid
late
o For a Small Exporter USD 50,000/- could be a big hit financially
o For a Large Exporter USD 50,000/- could be a comparatively smaller financial hit
MECHANISM OF THE L/C ---Study well and draw it on your answer sheet so it
will be easier for you to explain it in your answer.
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Main objective of the inspection certificate is to satisfy the importer or the government body that
the goods are in conformity with the indicated specifications on the sales contract or proforma
invoice.
Inspections are important tools to reduce trade risks and avoid fraud.
Shipment of low quality goods prevented.
Non-delivery fraud with fake bill of lading or any other transport document prevented.
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The Agent
An agent does not have to buy the product or service from the supplier (or principal) and
does not have title to (or own) the goods or service.
The role of the agent is to find customers for their principal in return for a commission
payment on any sales they arrange.
Once the agent has effected an introduction, the supplier/principal will then sell the
goods/services direct to the consumer.
An Agent does not accept financial liability.
How closely you want to be involved in the sales process. It can be easier to have more
control over how an agent handles sales.
What type of relationship you want to have with the end user. Using a distributor may
distance you from the ultimate customer.
6. What two different types of ocean cargo services are there? Explain each
type of service in detail.
Liner
Tramp
Liner Service is a service that operates within a schedule and has a fixed port rotation with
published dates of calls at the advertised ports.. A liner service generally fulfills the schedule
unless in cases where a call at one of the ports has been unduly delayed due to natural or manmad causes..
Example : The UK/NWC continent service of MSC which has a fixed weekly schedule calling
the South African ports of Durban, Cape Town and Port Elizabeth and carrying cargo to the
UK/NWC ports of Felixstowe, Antwerp, Hamburg, Le Havre and Rotterdam..
A Tramp Service or tramper on the other hand is a ship that has no fixed routing or itinerary or
schedule and is available at short notice (or fixture) to load any cargo from any port to any port..
Example : A ship that arrives at Durban from Korea to discharge cargo might carry some other
cargo from Durban to the Oakland in the West Coast of USA which in an entirely different
direction.. From Oakland say for example it could carry some cargo and go to Bremerhaven..
One of the main differences between Liner and Tramp would be;
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However, the above cost is offset by the fact that it sells its British Pounds (GBP) for
USD 22,700 more than it had anticipated.
Accordingly, the net profits on this financial transaction would be USD 5,681.25
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Regarding combined container transport, standardized loading units are transshipped along
different means of transport. In doing so, various combinations of land, water, and air
transportation are applied in practice.
Intermodal freight transport / Multimodal transport involves the transportation of freight in
an intermodal container or vehicle, using multiple modes of transportation (rail, ship, and truck),
without any handling of the freight itself when changing modes. The method reduces cargo
handling, and so improves security, reduces damage and loss, and allows freight to be
transported faster. Reduced costs over road trucking is the key benefit for intracontinental use.
This may be offset by reduced timings for road transport over shorter distances.
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The term landbridge or land bridge is commonly used in the intermodal freight transport sector
in reference to a containerized oceanfreight shipment that travels across a large body of land for
a significant part of the trip, en route to its final destination; Of which the land portion of the trip
is referred to as the "landbridge" and the mode of transport used is rail transport. There are three
applications for the term.
Land bridge - An intermodal container shipped by ocean vessel from country A to country
B, land bridges across an entire body of land/country/continent, en route. For example, a
container shipment from China to Germany, is loaded onto a ship in China, unloads at a Los
Angeles (California) port and travels via rail transport to a New York/New Jersey port, and
loads on a ship for Hamburg.
Mini Land bridge - An intermodal container shipped by ocean vessel from country A to
country B, passes across a large portion of land in either country A or B. For example, a
container shipment from China to New York (New York), is loaded onto a ship in China,
unloads at a Los Angeles (California) port and travels via rail transport to New York (New
York), the final destination.
Micro Land bridge - An intermodal container shipped by ocean vessel from country A to
country B, passes across a large portion of land to reach an interior inland destination. For
example, a container shipment from China to Denver (Colorado), is loaded onto a ship in
China, unloads at a Los Angeles (California) port and travels via rail transport to Denver
(Colorado), the final destination.
The term reverse landbridge refers to a micro land bridge from an east coast port (as opposed to a
west coast port in the previous examples) to an inland destination.
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damage or delay. Traders should therefore insure their goods against loss, damage or delay in
transit.
Ocean cargo insurance is concerned primarily with international commerce. Basically, anyone
who has an insurable interest in a cargo shipment (i.e., anyone who would suffer a loss if the
cargo were damaged or destroyed or who would benefit from the safe arrival of the cargo) has a
need for an ocean cargo policy. The cargo insurance policy indemnifies the exporter or importer
in the event of loss or damage to goods due to a peril insured against while at risk under the
policy. Historically, each voyage of an ocean-going vessel is a joint venture of the shipowner and
all the cargo owners. Centuries of tradition, trade practices, maritime and international
commercial law affect the interests of the international trader.
Cargo insurance protection is an aid to commercial negotiations. It allows traders to proceed with
confidence in the knowledge that each party to the transaction is properly protected. In most
cases the cost of marine insurance is nominal when compared with the value of the goods and the
freight cost. The marine cargo insurance policy can be designed to meet the individual needs of
the exporter or importer in an international transaction.
Institute Cargo Clause C covers loss or damage due to
Fire and Explosion, Stranding, Sinking, Capsizing, Overturning of a Lorry or train, collision,
discharge at a port of distress, total loss of vehicle, general average sacrifice and jettison.
Institute Cargo Clause B covers loss or damage as per Cargo Clause C plus
Washing Overboard, Sea, Lake, River, Water damage and Total Loss of package during
loading/unloading
Institute Cargo Clause A covers loss or damage as per Cargo Clause B plus
Rainwater damage, malicious damage, breakage, partial loss, shortage, pilerage and theft.
What is NOT covered by any of these Institute Cargo clauses isWilful misconduct of the
Assured, Ordinary leakage/loss in weight, unsuitable packing, inherent vice, delay,
insolvency/financial default, unseaworthiness/unfitness of craft, vessel or container, war capture
seizure and problems relating to strikes, riots and terrorism.
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