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What is INCOTERMS?

Incoterms is the short form for International


Commercial terms. These terms relates to the sales
contract and are used worldwide. INCOTERMS were
first introduced in 1936 by International chamber of
Commerce (ICC). These Incoterms were revised
several times, latest being Incoterms 2010
Why do we need INCOTERMS ?

A cargo may move several days before it arrives at its


destination. Even though shipping is safer these days, many
cargoes still do not reach their destination or reach in bad
shape. And when that happens, one should know who had
the title of the goods lost. For that reason, It is important
for buyer and seller to pre-define the responsibilities and
obligations for transport of the goods. INCOTERMS are all
the possible ways of distributing responsibilities and
obligations between two parties.
These responsibilities and obligations include

• Point of delivery: Incoterms defines the point of delivery of the


goods by seller to buyer. The meaning of delivery here is”transfer of
risk and responsibility”. So the INCOTERMS defines the point
of change of hands (passing of risk) from seller to buyer.
• Transportation Costs: Incoterms defines which party pays for the
transportation cost. There may be more than one means of
transportation and INCOTERMS defines who pays for which leg of the
transportation. In case of sea transport, it also means which party
will act as shipper of the cargo.
• Export and import formalities: Incoterms outlines which party
arranges for export and import formalities.
• Insurance costs: Incoterms outlines who bears the insurance costs.
Which terms?
From Incoterms® 2000
to Incoterms® 2010
Summary of Major Changes
The International Chamber of Commerce (ICC) has revised the Incoterms®.
This new set of rules will enter force on 1 January 2011.

Four terms have been excluded: and have been replaced by two new ones:

• DAF - DELIVERED AT FRONTIER • DAP - DELIVERED AT PLACE


• DES - DELIVERED EX SHIP • DAT - DELIVERED AT TERMINAL
• DEQ - DELIVERED EX QUAY
• DDU - DELIVERED DUTY UNPAID
Overview
• Incoterms® 2000 (13 Terms) • Incoterms® 2010 (11 Terms)

• Departure: • All modes of transport:


• EXW - EX WORKS • CIP - CARRIAGE AND INSURANCE PAID TO
• Main carriage unpaid: • CPT - CARRIAGE PAID TO
• FCA - FREE CARRIER • DAP - DELIVERED AT PLACE
• FAS - FREE ALONGSIDE SHIP • DAT - DELIVERED AT TERMINAL
• FOB - FREE ON BOARD • DDP - DELIVERED DUTY PAID
• Main carriage paid: • EXW - EX WORKS
• CFR - COST AND FREIGHT • FCA - FREE CARRIER
• CIF - COST, INSURANCE AND FREIGHT • Sea and inland waterways:
• CPT - CARRIAGE PAID TO • CFR - COST AND FREIGHT
• CIP - CARRIAGE AND INSURANCE PAID TO • CIF - COST, INSURANCE AND FREIGHT
• Arrival: • FAS - FREE ALONGSIDE SHIP
• DAF - DELIVERED AT FRONTIER • FOB - FREE ON BOARD
• DES - DELIVERED EX SHIP
• DEQ - DELIVERED EX QUAY
• DDU - DELIVERED DUTY UNPAID
• DDP - DELIVERED DUTY PAID
The Two New Terms - in Detail
• DELIVERED AT PLACE (DAP) • DELIVERED AT TERMINAL (DAT)

• The goods are handed over once they • The goods are handed over once they
have been placed at disposal of buyer have been placed at disposal of buyer
ready for unloading at the specified place at a specified terminal, meaning for
• Specify the exact point of delivery within example a quay, warehouse, container
the exact place. The seller bears the risk yard or road, rail or air cargo terminal.
until this point and should make sure that
the contract of the carriage is formulated • Specify the exact terminal of delivery
precisely. and/or an exact point within that
• This term requires the seller to clear the
terminal. The seller bears the risk until
goods for export, if applicable. However, that point should make sure that the
no such requirement exists for the contract of carriage is formulated
clearance of the goods for import. precisely.
• If the seller is intended to clear the goods • This term requires the seller to clear the
for import, pay any import duty and carry goods for export, if applicable. However,
out any import customs formalities, then no such requirement exists for the
use DDP instead. clearance of the goods for import.
• If the seller has any costs under the
contract of carriage associated with
• If the seller is intended to bear the risks
unloading at the place of destination, the and costs of transporting and handling
seller can not recover such costs from the the goods from the terminal to a
buyer unless so agreed. different kind of place, then DAP or DDP
should be used.
INCOTERMS 2010: ICC OFFICIAL RULES FOR THE INTERPRETATION OF TRADE TERMS
INCOTERMS 2010: ICC OFFICIAL RULES FOR THE INTERPRETATION OF TRADE TERMS
INCOTERMS 2010: ICC OFFICIAL RULES FOR THE INTERPRETATION OF TRADE TERMS
INCOTERMS 2010: ICC OFFICIAL RULES FOR THE INTERPRETATION OF TRADE TERMS
EXW (Ex Works)
The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired
destination. The seller’s obligation is to make the goods available at his premises (works, factory, warehouse). This
term represents minimum obligation for the seller. This term can be used across all modes of transport.

So there needs to be a named place with this term. i.e. EXW 1234 Sellers business, City, Country.
FOB (Free On Board)
Once the goods have passed over the ship’s rail at the port of export the buyer is responsible for all costs and risks
of loss or damage to the goods from that point. The seller is required to clear the goods for export. This term should
only be used for sea or inland waterway transport.

The port has to be named, i.e. FOB port xyz, country


FCA (Free Carrier)
The seller’s obligation is to hand over the goods, cleared for export, into the charge of the carrier named by the
buyer at the named place or point. If no precise point is indicated by the buyer, the seller may choose within the
place or range stipulated where the carrier shall take the goods into his charge. When the seller’s assistance is
required in making the contract with the carrier the seller may act at the buyers risk and expense. This term can
be used across all modes of transport.

FCA delivery address, City Country.


FAS (Free Alongside Ship)
The seller has fulfilled his obligation when goods have been placed alongside the vessel at the port of
shipment. The buyer is responsible for all costs and risks of loss or damage to the goods from that
moment. The buyer is also required to clear the goods for export. This term should only be used for sea
or inland waterway transport.

FAS port name, dock#, City, Country


CFR (Cost and FReight)
The seller must pay the costs and freight required in bringing the goods to the named port of destination.
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.

Destination Port has to be specified. I.e CFR Port name, City, Country.
CIF (Cost, Insurance & Freight)
The seller has the same obligations as under CFR however he is also required to provide insurance
against the buyer’s risk of loss or damage to the goods during transit. The seller is required to clear the
goods for export. This term should only be used for sea or inland waterway transport.

The destination port needs to be named. I.e. CIF port name, City, Country.
CPT (Carriage Paid To)
The seller pays the freight for the carriage of goods to the named destination. The risk of loss or
damage to the goods occurring after the delivery has been made to the carrier is transferred from the
seller to the buyer. This term requires the seller to clear the goods for export and can be used across all
modes of transport.

Obviously the destination needs to be specified. i.e. CPT railyard name, City, Country.
CIP (Carriage & insurance Paid to)
The seller has the same obligations as under CPT but has the responsibility of obtaining insurance
against the buyer’s risk of loss or damage of goods during the carriage. The seller is required to
clear the goods for export however is only required to obtain insurance on minimum coverage.
This term requires the seller to clear the goods for export and can be used across all modes of
transport.

.
The destination needs to be specified with the term. i.e. Rail Terminal, City, Country
DAT (Delivered At Terminal)
Seller delivers when the goods, once unloaded from the arriving means of transport, are placed at
the disposal of the buyer at a named terminal at the named port or place of destination. “Terminal”
includes quay, warehouse, container yard or road, rail or air terminal. Both parties should agree the
terminal and if possible a point within the terminal at which point the risks will transfer from the
seller to the buyer of the goods. If it is intended that the seller is to bear all the costs and
responsibilities from the terminal to another point, DAP or DDP may apply.

Named Place of Destination must be specified. DAT Airport Terminal, City, Country.
DAP (Delivered At Place)
Seller delivers the goods when they are placed at the disposal of the buyer on the arriving
means of transport ready for unloading at the named place of destination. Parties are advised
to specify as clearly as possible the point within the agreed place of destination, because risks
transfer at this point from seller to buyer. If the seller is responsible for clearing the goods,
paying duties etc., consideration should be given to using the DDP term.

The “named place of destination” needs to be specified: i.e. DAP Customs Warehouse, Port of xyz, Country.
DDP (Delivered Duty Paid)
The seller is responsible for delivering the goods to the named place in the country of importation,
including all costs and risks in bringing the goods to import destination. This includes duties, taxes
and customs formalities. This term may be used irrespective of the mode of transport.

The “named place of destination” needs to be specified: ie. DDP importer, warehouse, full address, City, State, Country.

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