img

INCOTERMS PAGE

Incoterms

ICC (International Chamber Of Commerce) is an organisation that defines the risks and responsibilities of international trade in terms of buyers, sellers and carriers, to which Turkey is a party. International trade takes place within the framework of the rules set by this chamber. This organisation has collected the possibilities related to the form of delivery of the goods in the trade between the buyer and the seller under general headings. These forms of delivery are called INCOTERMS.

As we enter the new millennium, INCOTERMS have been revised by this organisation under the name INCOTERMS 2000 (2000 International Commercial Terms). Since Turkey is a party to this convention, the decisions to be made by the judiciary in disputes with your transporter or foreign customer will also be made within the framework of INCOTERMS 2000.

1. EXWORK (DELIVERY AT WORKPLACE)

In this form of delivery, the seller delivers the buyer's goods on his own property or in another designated place (factory, warehouse, etc.) without going through export customs and without loading them on a vehicle. In this type of delivery, the seller bears minimum costs and responsibilities, while the buyer bears maximum costs and responsibilities and the risks arising from these responsibilities. The risk arising from the seller's responsibility ends when the goods are loaded on the vehicle of the buyer or its representative. Although it is not the seller's responsibility, the seller loads the goods on the vehicle if the parties stipulate in the sales contract. However, the risks of loss and damage that may arise during the loading of the goods on the vehicle belong to the buyer.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: The seller must provide the buyer with the goods and the invoice with the specifications specified in the sales contract.
  • Licences, Authorisations and Formalities: The seller must provide the buyer with the risks, claims, costs, formal and informal export documents that the buyer may need later.
  • Contract of carriage and insurance: No liability in respect of both.
  • Delivery:The seller must deliver the goods to the buyer's management without loading on the date specified in the contract of sale, unless otherwise specified in the contract of sale.
  • Assumption of Risks: The Seller bears all risks until the delivery of the goods in accordance with A4 in accordance with the explanations in B5.
  • Sharing of Costs: Subject to the conditions of clause B6, A4 must pay all costs until delivery within the framework of A4
  • Informing the Buyer:The buyer should be informed about when and where the goods will be loaded.
  • Proof of Distribution and Transport Document:No obligation
  • Inspection, packaging, labelling: The seller must pay the costs of the inspections (quality control, measuring, weighing, etc.) necessary for the delivery of the goods to the buyer's management.
  • Other Obligations:The seller must provide the buyer with documents and documents that will reduce the risks and expenses that the buyer may encounter later and enable him to transit through any country.

B)Obligations of the Buyer

  • Making the Payment: The payment specified in the sales contract must be made.
  • Licences, Authorisations and Formalities: The risks and expenses during the export and import customs clearance of the goods belong to the buyer.
  • Transport and Insurance Contract: Responsible for the maintenance of both.
  • Collection: Goods must be received when distributed in accordance with rules A4, A7 and B7.
  • Assumption of Risks: The buyer is responsible for the risk of loss and damage to the goods upon receipt in accordance with clause A4.
  • Sharing of Costs: The buyer shall bear all costs upon receipt of the goods, the costs for export customs clearance and the costs incurred by the seller under clause A2.
  • Informing the Seller: The buyer must provide the seller with a document confirming receipt of the goods.
  • Delivery Confirmation and Shipping Information: Alıcı, satıcıya malları teslim aldığına dair bir belge sunmalıdır.
  • Inspection of Goods: Must pay the costs of inspections of the goods before loading.
  • Other Obligations: The buyer must pay all costs for the documents specified in A10.
2. FCA (Carrier Delivery)

FCA is known as the seller's delivery of the goods to the carrier designated by the buyer in a way that export customs clearance has been carried out. The place chosen for delivery must be suitable for the unloading and loading of the goods. If the delivery takes place at the exporter's place (factory, warehouse or workplace), the exporter will be responsible for loading.

However, if the delivery takes place elsewhere, the exporter will not be responsible for the unloading of the goods.

This form of delivery is used in cases where there are a wide variety of transport alternatives. The carrier is the person in the contract of carriage who carries out the carriage by air, land, sea, train or any combination thereof.

A) Seller's Obligations

  • Compliance of Goods to the Contract:The seller must provide the goods and the invoice to the buyer with the specifications specified in the sales contract.
  • Licences, Authorisations and Formalities: The seller must obtain the necessary permits for the export of the goods and pay the costs of customs clearance.
  • Contract of Carriage and Insurance: Although there is no obligation with respect to the contract of carriage, if requested by the buyer, the seller may conclude a contract for carriage within the framework of the rules under which the buyer assumes the risks and expenses. There is no obligation regarding insurance.
  • Delivery: The seller must deliver the goods to the carrier or someone appointed by the buyer at the place and on the date specified in the sales contract.
  • Assumption of Risks: The seller bears all risks until the goods are delivered in accordance with clause A4.
  • Sharing of Costs: All costs must be paid until delivery within the A4 frame.
  • Informing the Buyer: The seller must inform the buyer that he has delivered the goods within A4. The buyer must be informed if the delivery has not been made on time and in the right place.
  • Delivery Confirmation and Transport Documents The Seller must provide proof of delivery of goods within the framework of A4.
  • Inspection, packaging, labelling:The seller must pay the costs of the inspections (quality control, measuring, weighing, etc.) necessary for the delivery of the goods to the buyer's management.
  • Other Obligations: The seller must provide the buyer with documents and documents that will reduce the risks and expenses that the buyer may encounter later and enable him to transit through any country.

B) Obligations of the Buyer

  • Making the Payment: The payment specified in the sales contract must be made.
  • Licences, Authorisations and Formalities:The risks and expenses during the import customs clearance of the goods are borne by the buyer.
  • Transport and Insurance Contract: If it is not stipulated in the sales contract that the seller will make an agreement, he has to make a transport contract to pick up the goods from the specified place. There is no obligation to make an insurance contract.
  • Collection: Goods must be received when distributed in accordance with rules A4, A7 and B7.
  • Assumption of Risks:The buyer is responsible for the risk of loss and damage to the goods upon receipt in accordance with clause A4.
  • Sharing of Costs: The buyer has to pay all the costs after receiving the goods with export customs clearance.
  • Informing the Seller: The buyer must inform the seller in advance when and where the goods will be received.
  • Delivery Confirmation and Transport Documents: The buyer must provide the seller with a document confirming receipt of the goods.
  • Inspection of Goods:Must pay the costs of inspections of the goods before loading.
  • Other Obligations: The Buyer must pay all costs for the documents specified in A10. The buyer must pay all costs for the documents specified in A10.
3. MOROCCO (DELIVERY ON BOARD OF THE SHIP)

FAS is the delivery of the goods by the seller to the dock or barge in the direction of the ship in the previously determined port in a way that the export customs procedures have been completed. This means that the buyer will bear the costs after the placement in the harbour is completed. It should be noted that in the previous incoterms version, the buyer was carrying out export customs clearance. This term can only be used for sea and inland water transport.

A) Seller's Obligations

  • MCompliance of Goods with the Contract: The seller must provide the buyer with the goods with the characteristics specified in the sales contract.
  • Licences, Authorisations and Formalities: The seller must obtain the necessary authorisations for the export of the goods, carry out customs clearance and pay the costs.
  • Carriage and Insurance Contracts: There is no obligation in terms of carriage and insurance contracts.
  • Delivery: The seller must deliver the goods to the ship to be loaded at the designated port on the agreed date and in accordance with the customs regulations of the port.
  • Assumption of Risks: The Seller bears all risks until the goods are delivered in accordance with clause A4.
  • Sharing of Costs: Until delivery within the A4 framework, all costs, including export customs costs, must be paid.
  • Informing the Buyer: The seller must inform the buyer that he has delivered the goods within A4. The buyer must be informed if the delivery has not been made on time and in the right place.
  • Delivery Confirmation and Transport Documents: The seller must provide the buyer with proof of delivery of the goods at his own expense within A4.
  • Inspection, packaging, labelling: The seller must pay the costs of the inspections (quality control, measuring, weighing, etc.) necessary for the delivery of the goods to the buyer's management.
  • Other Obligations: The seller must provide the buyer with documents and documents that will reduce the risks and expenses that the buyer may encounter later and enable him to transit through any country.

B) Obligations of the Buyer

  • Making Payments: The payment specified in the sales contract must be made.
  • Licences, Authorisations and Formalities:The risks and expenses during the import customs clearance of the goods are borne by the buyer.
  • Contract of Carriage and Insurance: The buyer must sign a transport contract for the transport of the goods from the designated vessel. There is no obligation to take out insurance.
  • Collection:Goods must be received when distributed in accordance with A4 rules.
  • Assumption of Risks:The buyer is responsible for the risk of loss and damage to the goods upon receipt in accordance with clause A4.
  • Sharing of Costs:The buyer has to pay all the costs after receiving the goods with export customs clearance.
  • Informing the Seller: The buyer must inform the seller in advance when the goods will be received on board the ship in which port.
  • Delivery Confirmation and Transport Documents: The buyer must accept the seller's proof of delivery of the goods.
  • Inspection of Goods: Must pay the costs of inspections of the goods before loading.
  • Other Obligations:The buyer must pay all costs for the documents specified in A10.
4. FOB (DELIVERY ON DECK)

FOB means that the seller delivers the goods after they are loaded on the ship at the designated port. In this term, the seller must have completed all export customs procedures for the goods.

A) Seller's Obligations

  • Conformity of the Goods to the Contract:The seller must provide the buyer with the goods and the invoice with the specifications specified in the sales contract.
  • Licences, Authorisations and Formalities The seller must obtain the necessary authorisations for the export of the goods, carry out customs clearance and pay the costs.
  • Carriage and Insurance Contracts: There is no obligation in terms of carriage and insurance contracts.
  • Delivery:The seller must deliver the goods to the ship to be loaded at the designated port on the agreed date and in accordance with the customs regulations of the port.
  • Assumption of Risks: Satıcı, malların A4 maddesine uygun bir şekilde teslimatı yapılana kadar bütün riskleri taşır.
  • Sharing of Costs: Until delivery within the A4 framework, export customs charges and port charges are to be paid inclusive.
  • Informing the Buyer:The seller must inform the buyer that he has delivered the goods within A4. The buyer must be informed if the delivery has not been made on time and in the right place.
  • Delivery Confirmation and Transport Documents: The seller must provide the buyer with proof of delivery of the goods at his own expense within A4.
  • Inspection, packaging, labelling: The seller must pay the costs of the inspections (quality control, measuring, weighing, etc.) necessary for the delivery of the goods to the buyer's management.
  • Other Obligations: The seller must provide the buyer with documents and documents that will reduce the risks and expenses that the buyer may encounter later and enable him to transit through any country.

B) Obligations of the Buyer

  • Making Payments:The payment specified in the sales contract must be made.
  • Licences, Authorisations and Formalities:The import customs clearance of the goods and the risks and expenses that may arise from this belong to the buyer.
  • Contract of Carriage and Insurance: The buyer must sign a transport contract for the transport of the goods from the designated vessel. There is no obligation to have insurance.
  • Collection:Goods must be received when distributed in accordance with A4 rules.
  • Assumption of Risks: The buyer is responsible for the risk of loss and damage to the goods upon receipt in accordance with clause A4.
  • Sharing of Costs:The buyer is obliged to pay all costs, including ship freight and costs at destination, upon receipt of the goods in export customs cleared condition.
  • Informing the Seller: The buyer must clearly inform the seller in advance of the time of receipt of the goods on board the ship in which port.
  • Delivery Confirmation and Transport Documents: The buyer must accept the seller's proof of delivery of the goods.
  • Inspection of Goods: Must pay the costs of inspections of the goods before loading.
  • Other Obligations:The buyer must pay all costs for the documents specified in A10.
5. CFR (COST AND FREIGHT)

"Cost of Goods and Freight" means that the seller pays the costs and freight necessary for the carriage of the goods subject to the transaction to the specified destination. However, the risk of loss or damage to the goods, together with all additional costs arising from events occurring after the transfer of the goods on board the ship, shall be transferred from the seller to the buyer as soon as the goods are on board the ship at the port of loading. The term CFR provides for the exportation of the goods by the seller. This term may only be used in sea or river transport. If the "shipboard" has no practical meaning in the carriage, as for example in roll-on/roll-off or container traffic, then the term CPT is more appropriate.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.li>
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation required for the export of the goods; complete all formalities for the export of the goods.
  • Contract of Carriage and Insurance:
    a) Contract of Carriage To conclude a contract, at its own expense, for the carriage of the goods by sea (or river, as the case may be) transport vehicle normally used for goods of the type defined in the contract to the specified port of destination by following an ordinary route, again on ordinary terms.
    b) Contract of Insurance No obligation.
  • Delivery: To deliver the goods on board the ship at the loading port on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to bear all risks of loss and damage up to the time the goods are transferred to the ship at the port of loading
  • Sharing of Costs:Subject to the provisions of B.6. Pay all costs associated therewith until the goods are delivered in accordance with A.4., as well as the freight charge together with all costs arising from A. 3.a., including those which the transporting organisations will charge during the contract of carriage in connection with the loading of the goods on board the ship and the unloading of the goods at the port of discharge. to bear all costs associated with the customs clearance of the goods, together with the payment of taxes, duties and any duties applicable to export transactions.
  • Informing the Consignee: To inform the consignee that the goods have been transferred to the shipboard and to make announcements that will enable the consignee to make the necessary preparations for receiving the goods as normal.
  • Delivery Confirmation and Transport Documents: The Seller must provide at its own expense without delay a shipping document for the port of destination.
  • Inspection, packaging, labelling: The seller must pay the costs of the inspections (quality control, weighing, weighing, etc.) necessary for the delivery of the goods to the buyer's management.
  • Other Obligations:To assist the buyer, at the buyer's request, at the buyer's risk and expense, in obtaining the documents or equivalent electronic messages (other than those in A.8.) necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country of dispatch and/or the country of origin of the goods, to provide the buyer, upon request, with the necessary information concerning insurance procedures.

B) Obligations of the Buyer

  • Making Payments: To pay the price of the goods as stipulated in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary import permits or other official authorisation documents; to complete all customs procedures necessary for the importation of the goods and, if necessary, the procedures to ensure the transit of these goods from another country.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: Accept and take delivery of the goods from the carrier at the designated port of destination if delivery has been made in accordance with A.4.
  • Sharing of Costs: To assume all risk of loss and damage to the goods from the moment the goods are transferred to the ship at the port of loading. In the event that it fails to give the required notice in accordance with B.7., to bear all risk of loss or damage to the goods from the date fixed for loading or from the expiry of the time fixed for the same. For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Masrafların Paylaşımı: ASubject to the provisions of A.3., to bear all costs relating to the goods from the time of delivery of the goods in accordance with A.4.; and, if such costs are not normally borne by the contracting carriers, to bear the costs incurred both in transit of the goods before the port of destination and in unloading operations, including barge and wharfage costs.
    If the consignee has not given notice in accordance with B.7., he shall bear all additional costs arising therefrom from the date fixed or from the expiry of the time fixed for loading. For this purpose, however, it must be recognised that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
    To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs incurred in connection with customs entry procedures and, if necessary, in the transit of such goods through another country.
  • Informing the Seller:In cases where the seller has the right to determine the loading time and / or port of destination of the goods, to make the necessary announcements to the seller regarding these issues.
  • Delivery Confirmation and Transport Documents: If you are in compliance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the exporting country.
  • Other Obligations: To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard.
6. CIF (COST, INSURANCE AND FREIGHT)

Under the term "Cost of Goods, Insurance and Freight", the seller assumes the same obligations as in the CFR term, but in addition to these, the seller also assumes the obligation to provide marine insurance against the risk of loss and damage to the goods during carriage. Here, the seller is responsible for concluding the insurance contract and paying the insurance premium. The buyer should take into account that under the term CIF, the seller is only expected to provide a minimum level of insurance cover. The CIF term provides for the export of the goods to be handled by the seller. This term may only be used for sea or river transport. If the "shipboard" has no practical meaning in the carriage, as for example in roll-on/roll-off or container traffic, then the term CIP is more appropriate.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities:Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Transportation and Insurance Contract:
    a) Contract of carriage To conclude, at its own expense, a contract on usual terms for the carriage of the goods to the designated port of destination by sea (or river, as the case may be) carriage normally used for goods of the type described in the contract, following a usual route.
    b) Insurance contract To conclude, at its own expense, a contract of cargo insurance under which the consignee or any other person having a relationship with the goods subject to the transaction of such a nature as to be covered by the insurance may claim compensation directly from the insurance company in accordance with the agreement contained in the contract; to provide the consignee with the insurance policy or any other document evidencing the insurance coverage. The contract shall be concluded with insurers or insurance companies of reputable character in this field and, unless otherwise agreed, shall comply with the minimum coverage provisions of the Cargo Provisions Authority (London Underwriters' Association) or other applicable provisions in this field. The period of validity of the insurance shall also be determined in accordance with B.5. and B.4. If requested by the buyer, the seller shall, at the buyer's expense and if available, also insure against war, strike, revolution and civil commotion. The insurance coverage shall be determined as a minimum by the price of the goods stated in the contract of sale plus ten per cent (110% in total) and shall be covered in the currency stated in the contract of sale.
  • Delivery: To deliver the goods on board the ship at the port of loading on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to assume all risks of loss and damage up to the time the goods are transferred to the ship at the port of loading.
  • Sharing of Costs: Subject to the provisions of B.6: To pay all costs in connection therewith until the goods are delivered in accordance with A.4., as well as the cost of freight together with all costs arising from A.3., including those which may be required by the transporting organisations during the contract of carriage in connection with the loading of the goods on board the ship and the unloading of the goods at the port of discharge. To bear all costs associated with customs clearance, including the payment of taxes, duties and any other governmental charges applicable to export transactions.
  • Informing the Consignee: To make announcements to the consignee, both to inform him that the goods have been transferred to the shipboard and to enable him to make the necessary preparations for receiving the goods as normal.
  • Delivery Confirmation and Transport Documents: Unless otherwise agreed, to provide the buyer, at his own expense, without delay with the customary transport document required for the designated port of destination. Such document (e.g. a negotiable bill of lading, a non-negotiable sea or river bill of lading) must cover the goods subject to the sale, must bear the agreed date for loading, must enable the buyer to claim title to the goods at destination and, unless otherwise agreed, must enable the buyer to sell the goods in transit by transferring the document of carriage (negotiable bill of lading) to another buyer or by instructing the carrier. If such a transport document is drawn up in several original copies, all of them must be delivered to the consignee. If the transport document refers to a contract between the owner and the carrier, the seller must also provide a copy of that contract. Where the seller and the consignee decide to communicate with each other by electronic means of communication, the document referred to in the preceding paragraphs may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling:to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form necessary for the transport organised by it (unless the goods described in the contract are loaded unpacked at the site in question). The packaging shall be labelled as required.
  • Other Obligations: To assist the buyer, at the buyer's request, at the buyer's risk and expense, in obtaining (except for those in A.8.) documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country from which the goods have been dispatched and/or originated.

B) Obligations of the Buyer

  • Making Payments:To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities: To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete all customs formalities necessary for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: Accept and take delivery of the goods from the carrier at the designated port of destination if delivery has been made in accordance with A.4.
  • Assumption of Risks: To assume all risk of loss and damage to the goods from the moment the goods are transferred to the ship at the port of loading. In the event that it fails to give the required notice in accordance with B.7., to assume all risk of loss or damage to the goods from the date fixed for loading or from the expiry of the time fixed for the same. For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3., to bear all costs relating to the goods from the time of delivery of the goods in accordance with A.4.; also, if such costs are not normally borne by the contracting carriers, to bear the costs incurred both in transit of the goods before the port of destination and in unloading operations, including barge and wharfage costs. If the consignee has not given notice in accordance with B.7., it shall bear all additional costs arising therefrom from the date fixed or from the expiry of the time fixed for loading.
    For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
    To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs incurred in connection with customs entry procedures and, if necessary, in the transit of such goods through another country.
  • Informing the Seller:In cases where the seller has the right to determine the loading time and / or port of destination of the goods, to make the necessary announcements to the seller regarding these issues.
  • Delivery Confirmation and Transport Documents: If in accordance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the exporting country.
  • Other Obligations:To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this respect. Upon request, provide the seller with the information necessary for the realisation of insurance transactions.
7. CPT (FREIGHT PAID DELIVERY)

The term "carriage paid..." means that the freight for the carriage of the goods to the designated destination is paid by the seller. After the transfer of the goods to the carrier, the risk of loss and damage to the goods, as well as all additional costs arising from events that may occur after such delivery, passes from the seller to the buyer.
"Carrier" means any person who, under a contract of carriage, undertakes or undertakes to provide for the carriage of goods by rail, road, sea, air, river or a combination thereof. If successive carriers are used to transport the goods to the designated destination, the risk is transferred when the goods are transferred to the first carrier. The term CPT implies that the customs clearance of the goods is completed by the seller and may be used for all types of transport, including multi-vehicle transport.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Contract Of Carriage:
    a) Contract of carriage To conclude a contract for the carriage of the goods at its own expense, by ordinary route, from the place of destination to an agreed point. If there is no agreed point of destination and/or if such a point has not been determined in current practice, then the seller may determine such a point within the designated destination area in a manner most favourable to his own purposes.
    b) No obligation to contract insurance.
  • Delivery: To deliver the goods to the carrier for delivery to the specified destination on the specified date or within the stipulated time, or to the first means of transport if more than one means of transport is involved in the carriage.
  • Assumption of Risks:Subject to the provisions of B.5., to assume all risk of loss and damage up to the time the goods are delivered in accordance with A.4.
  • Sharing of Costs: Subject to the provisions of B.6: To bear all costs associated there with until the goods are delivered in accordance with A.4. and, together with the freight, all other costs arising from A.3(a), including those incurred during both the loading and the unloading of the goods at destination, whether included in the freight or incurred by the seller at the conclusion of the contract of carriage. to bear all costs associated with customs clearance, including the payment of taxes, duties and governmental charges of any kind applicable to export transactions.
  • Informing the Buyer: To make announcements to the Buyer, both to inform the Buyer that the goods have been delivered in accordance with A.4. and to enable the Buyer to make the preparations normally required to take delivery of the goods.
  • Delivery Confirmation and Transport Documents: If it is generally customary practice to provide the buyer, at his (the seller's) expense, with the usual transport document (e.g. a negotiable bill of lading, a non-negotiable sea transport document, a river transport document, an air transport document, a railway consignment note, a road consignment note or any other multimodal transport document). If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs of the inspection operations (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to bear the costs of packaging the goods in the form necessary for the transport organised by it (unless the goods described in the contract are loaded without packaging at the site in question). The packaging shall be labelled as required.
  • Other Obligations: To assist the buyer, at the buyer's request, at the buyer's risk and expense, in obtaining (except in the case of A.8.) the documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of those goods through another country, but which are issued in the country of dispatch and/or origin of the goods.

B) Obligations of the Buyer

  • Making Payments: To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete the necessary customs formalities for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance No obligation.
  • Receiving Delivery: Accept the goods if delivery has been made in accordance with A.4. and receive the goods from the carrier at the designated destination.
  • Assumption of Risks: To assume all risks of loss and damage to the goods from the moment the goods are delivered to it in accordance with A.4. in the event that it fails to give the required notice in accordance with B.7., to assume all risks in respect of the goods from the date fixed for delivery or from the expiry of the period fixed for the same. For this, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3.a), to bear all costs and expenses relating thereto from the time of delivery of the goods in accordance with A.4.; also to bear all costs and payments for the period from the time the goods are in transit until they reach their destination, including the costs of unloading, unless such payments andexpenses are included in the freight or are incurred by the seller when concluding the contract of carriage in accordance with A.3.a). If the buyer has not given the necessary notice in accordance with B.7., he shall also bear any additional costs incurred in respect of these goods from the day of departure of the goods or from the expiry of the period fixed for this purpose. However, for this purpose, it must be recognised that the goods in question are goods specifically allocated within the framework of the contract and for that purpose, in other words, goods set aside for that purpose. To pay all duties,taxes and taxes of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the transit of such goods through another country.
  • Informing the Seller: In cases where it has the right to determine the time of departure and/or destination of the goods, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: If you are in compliance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations:To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard.
8. JEEP (DELIVERY WITH TRANSPORT AND INSURANCE PAID)

The term "Delivery Carriage and Insurance Paid" describes the situation where the seller has the same obligations as under the CPT term, but in addition is obliged to provide the buyer with cargo insurance against the risk of loss and damage during carriage of the goods. The seller concludes the insurance contract and pays the insurance premium. The buyer should note that under the term CIP, the seller is only expected to provide a minimum level of insurance cover. The term CIP envisages that the seller handles the export clearance of the goods. The term may be used in all forms of transport, including multimodal transport.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Contract Of Carriage:
    a) Contract of carriage To conclude a contract for the carriage of the goods at its own expense from the place of destination to an agreed point following a customary route. If there is no agreed point of destination and such a point has not been determined in current practice, then the seller may determine such a point within the designated destination as best suits its own purposes.
    b) Contract of insurance To conclude at its own expense a contract of cargo insurance under which, in accordance with the agreement contained in the contract, the buyer or any other person having such a relationship with the goods subject to the transaction as to be covered by the insurance may claim compensation directly from the insurance company; to provide the buyer with the insurance policy or any other document indicating the insurance coverage. The contract shall be concluded with insurers or insurance companies of reputable character in this field and shall comply with the minimum coverage provisions of the Cargo Provisions Authority (London Underwriters' Association) or other applicable provisions in this field, unless the existence of an agreement to the contrary is expressed. The period of validity of the insurance shall also be determined in accordance with the provisions of B.5. and B.4. If requested by the buyer, the seller shall, at the buyer's expense and if available, also insure against war, strike, revolution and civil commotion. The insurance coverage shall be determined as a minimum in the form of the price of the goods stated in the contract of sale plus ten per cent (total: 110%) and shall be covered in the currency stated in the contract of sale.
  • Delivery: To deliver the goods to the carrier, or, if more than one means of transport is involved in the carriage, to the first means of transport, in order to deliver the goods to the specified destination on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to assume all risk of loss and damage up to the time the goods are delivered in accordance with A.4.
  • Sharing of Costs:Subject to the provisions of B.6: To pay all costs associated therewith until the goods are delivered in accordance with A.4., as well as the cost of the carriage of the main cargo together with all costs arising from A.3., including any costs that the carrier may charge during the contract of carriage in connection with the loading of the goods on the vehicle and the unloading of the goods at the place of discharge. To bear all costs related to customs clearance procedures, including the payment of taxes, duties and any other governmental charges applicable to export transactions.
  • Informing the Buyer: To notify the buyer both that the goods have been delivered in accordance with A.4. and to enable him to make the normally necessary preparations for taking delivery of the goods.
  • Delivery Confirmation and Transport Documents:If it is generally customary practice to provide the buyer, at his (the seller's) expense, with the usual transport document (e.g. a negotiable bill of lading, a non-negotiable sea transport document, a river transport document, an air transport document, a railway consignment note, a road consignment note or any other multimodal transport document). If the seller and the, buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form necessary for the transport organised by it (unless the goods described in the contract are to be loaded unpacked at the site in question). The packaging shall be labelled as required.
  • Other Obligations: At the request of the consignee, at the consignee's risk and expense, to assist the consignee in obtaining, at the request of the consignee, documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country of dispatch and/or the country of origin of the goods.

B) Obligations of the Buyer

  • Making Payments:: To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete all customs formalities necessary for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance: No obligation
  • Receiving Delivery: Accept the goods if delivery has been made in accordance with A.4. and receive the goods from the carrier at the designated destination.
  • Assumption of Risks:To assume all risks of loss and damage to the goods and all risks of loss and damage to the goods from the moment the goods are delivered to it in accordance with A.4. in the event that it fails to make the necessary announcement pursuant to B.7., to assume all risks in respect of the goods from the date fixed for delivery or from the expiry of the period fixed for the same. For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3., to bear all costs and expenses relating thereto from the time of delivery of the goods in accordance with A.4.; also to bear all costs and payments for the period from the time the goods are in transit until they reach their destination, including the resulting unloading costs, unless such payment and expenses are included in the carriage price or are incurred by the seller when concluding the contract of carriage in accordance with A.3.a). If the buyer has not given the necessary notice pursuant to B.7., he shall also bear any additional costs incurred in respect of such goods from the day of departure of the goods or from the expiry of the period fixed for such departure.
    However, for this purpose, it must be recognised that the goods in question are goods specifically allocated under the contract and for that purpose, in other words, goods set aside for that purpose.
    To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the transit of such goods through another country.
  • Informing the Seller:Where it has the right to determine the time of departure and/or destination of the goods, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: If you are in compliance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations: ATo bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard. Upon request, to provide the seller with information necessary for the realisation of insurance transactions.
9. DAF (DELIVERY AT BORDER)

The term "delivery at the border" means the termination of the seller's obligations when the goods are made ready for delivery at the border, but at a designated place and point prior to the customs border of the neighbouring country, with customs clearance procedures completed. The term "border" may be used here to describe any border, including that of the country of export. It is therefore of the utmost importance to be precise in naming the place and point of the "border" referred to in the term.
Although the term was originally intended to refer specifically to rail and road transport, it may be used for any mode of transport.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the contract of sale; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: To obtain, at its own risk and expense, any export licence, official authorisation or any other document necessary to enable it to place the goods at the disposal of the buyer. To complete all customs formalities for the export of the goods to the designated place of delivery at the border and, if necessary, for the transit of these goods through another country beforehand.
  • Contract of carriage and insurance:
    a) Contract of carriage To contract at its own expense for the carriage of the goods (including, if necessary, transit through another country) by ordinary route to the designated delivery point at the border. If the point of delivery at the border has not been agreed upon separately, or if existing practice does not specify such a point, then the seller may determine this point as is most convenient for him, within the designated delivery area.
    b) Insurance contract No obligation.
  • Delivery: Placing the goods at the disposal of the buyer at the designated place of delivery at the border, on the date or within the period stipulated.
  • Assumption of Risks:Subject to the provisions of B.5., to assume all risk of loss and damage up to the time the goods are delivered in accordance with A.4.
  • Sharing of Costs:Subject to the provisions of B.6: In addition to the costs for the period until the delivery of the goods in accordance with A.4., fully cover the costs arising from A.3.a) and also, if the goods are to be unloaded as soon as they arrive at the designated destination at the border in order to make them available to the buyer and if this is current practice, the related unloading costs. bear the costs of the customs formalities necessary for export, as well as the taxes, duties and other payments levied on export transactions and, if necessary, the costs of transit of the goods through other countries before they are delivered in accordance with A.4.
  • Informing the Consignee: To give the consignee adequate notice of the departure of the goods to the place indicated at the border; also to communicate to the consignee such news as will enable him to make the necessary preparations to take delivery of the goods.
  • Delivery Confirmation and Transport Documents:At his (the seller's) own expense, provide the buyer with the customary document of delivery of the goods or any other document evidencing delivery at the place designated at the border. At the buyer's request, provide him, at his risk and expense, with a complete document, normally obtained from the country of departure of the goods, showing the carriage of the goods from that country to the final destination determined by the buyer in the importing country. If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. To bear at its own expense the packaging necessary for the delivery of the goods at the border (unless the goods of the type subject to the transaction are delivered unpacked), as well as the packaging necessary for the transport of these goods after delivery at the border, if the conditions (e.g. modes of transport, destination) were communicated to it before the conclusion of the sales contract. The packaging shall be suitably labelled.
  • Other Obligations At the buyer's request, to assist the buyer in obtaining, at the buyer's risk and expense, the documents or equivalent electronic messages (except those in A.8.) necessary for the importation of the goods and, in some cases, for the transit of those goods through another country, but issued in the country of dispatch and/or the country of origin of the goods. provide the consignee, at its request, with the information necessary for insurance purposes.

B) Obligations of the Buyer

  • Making Payments:To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the permits and documents required for the importation and, where necessary, the subsequent carriage of the goods and to complete all customs entry formalities at the designated delivery point at the border or elsewhere.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: To take delivery of the goods as soon as they have been placed at its disposal in accordance with A.4.
  • Assumption of Risks: To assume all risks of loss and damage to the goods from the moment they are placed at its disposal in accordance with A.4. in the event that it fails to make the necessary announcement pursuant to B.7., to assume all risks of loss and damage to the goods from the date fixed for delivery or from the expiry of the period fixed for the same.
    For this, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. set aside for that purpose.
  • Sharing of Costs: To bear all costs in connection with the Goods from the moment they are placed at its disposal in accordance with A.4. In the event that it fails to take delivery of the goods when they are placed at its disposal in accordance with A.4. or fails to give notice in accordance with B.7., it shall bear all additional costs incurred as a result thereof. For this purpose, however, it must be recognisable that the goods in question are goods specifically set aside under the contract and for that purpose. To pay the taxes, duties and duties of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the subsequent transport of such goods.
  • Informing the Seller::If the seller has the right to determine the day and/or place of receipt of the goods within a certain period of time, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: Accept the transport document and/or other proof of delivery in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations: To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this respect. If necessary, upon request from the seller and at the buyer's risk and expense, to provide him with foreign exchange control certificates, permits and other similar documents or certified copies thereof; to provide the final destination address in the country of entry of the goods for the purpose of providing a complete transport document or any other document of the type referred to in A.8.
10. DES (DELIVERY ON BOARD AT PORT OF ARRIVAL)

The term "Delivery Carriage and Insurance Paid" describes the situation where the seller has the same obligations as under the CPT term, but in addition is obliged to provide the buyer with cargo insurance against the risk of loss and damage during carriage of the goods. The seller concludes the insurance contract and pays the insurance premium. The buyer should note that under the term CIP, the seller is only expected to provide a minimum level of insurance cover.
The term CIP envisages that the seller handles the export clearance of the goods. The term may be used in all forms of transport, including multimodal ones.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Contract Of Carriage:
    a) Contract of carriage To conclude a contract for the carriage of goods, at its own expense, by ordinary route from the place of destination to an agreed point. If there is no agreed point of destination and such a point has not been determined in current practice, then the seller may determine such a point within the designated destination as best suits its own purposes.
    b) Contract of insurance To conclude at its own expense a contract of cargo insurance under which the buyer or any other person having such a relationship with the goods subject to the transaction as to be covered by the insurance may claim compensation directly from the insurance company in accordance with the agreement contained in the contract; to provide the buyer with the insurance policy or any other document evidencing the insurance coverage. The contract shall be concluded with insurers or insurance companies of reputable character in this field and shall comply with the minimum coverage provisions of the Cargo Provisions Authority (London Underwriters' Association) or other applicable provisions in this field, unless the existence of an agreement to the contrary is expressed. The period of validity of the insurance shall also be determined in accordance with the provisions of B.5. and B.4. If requested by the buyer, the seller shall, at the buyer's expense and if available, also insure against war, strike, revolution and civil commotion. The insurance coverage shall be determined as a minimum in the form of the price of the goods stated in the contract of sale plus ten per cent (total: 110%) and shall be covered in the currency stated in the contract of sale.
  • Delivery: To deliver the goods to the carrier, or, if more than one means of transport is involved in the carriage, to the first means of transport, in order to deliver the goods to the specified destination on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to assume all risk of loss and damage up to the time the goods are delivered in accordance with A.4.
  • Sharing of Costs:Subject to the provisions of B.6: To pay all costs in connection therewith until the goods are delivered in accordance with A.4., as well as the cost of the carriage of the main cargo together with all costs arising from A.3., including those which the carrier shall charge during the contract of carriage in connection with the loading of the goods on the vehicle and the unloading of the goods at the place of discharge. To bear all costs related to customs clearance procedures, including the payment of taxes, duties and any governmental charges applicable to export transactions.
  • Informing the Buyer: To notify the Buyer both that the goods have been delivered in accordance with A.4. and to enable him to make the normally necessary preparations for taking delivery of the goods.
  • Delivery Confirmation and Transport Documents: If it is generally customary practice to provide the buyer, at his (the seller's) expense, with the usual transport document (e.g. a negotiable bill of lading, a non-negotiable sea transport document, a river transport document, an air transport document, a railway consignment note, a road consignment note or any other multimodal transport document). If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form necessary for the transport organised by it (unless the goods described in the contract are to be loaded unpacked at the site in question). The packaging shall be labelled as required.
  • Other Obligations:At the request of the consignee, at the consignee's risk and expense, to assist the consignee in obtaining, at the request of the consignee, documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country of dispatch and/or origin of the goods.

B) Obligations of the Buyer

  • Making Payments: To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete all customs formalities necessary for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: Accept the goods if delivery has been made in accordance with A.4. and receive the goods from the carrier at the designated destination.
  • Assumption of Risks: To assume all risks of loss and damage to the goods and all risks of loss and damage to the goods from the moment the goods are delivered to it in accordance with A.4. in the event that it fails to make the necessary announcement pursuant to B.7., to assume all risks in respect of the goods from the date fixed for delivery or from the expiry of the period fixed for the same.
    For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3., to bear all costs and expenses relating thereto from the time of delivery of the goods in accordance with A.4.; also to bear all costs and payments for the period from the time the goods are in transit until they reach their destination, including the resulting unloading costs, unless such payment and expenses are included in the price of carriage or are incurred by the seller when concluding the contract of carriage in accordance with A.3.a). If the buyer has not given the necessary notice pursuant to B.7., he shall also bear any additional costs incurred in respect of such goods from the day of departure of the goods or from the expiry of the period fixed for such departure.
    However, for this purpose, it must be recognised that the goods in question are goods specifically allocated under the contract and for that purpose, in other words, goods set aside for that purpose.
    To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the transit of such goods through another country.
  • Informing the Seller:Where it has the right to determine the time of departure and/or destination of the goods, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: f in accordance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations:To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard. Upon request, to provide the seller with information necessary for the realisation of insurance transactions.
11. DEQ (DELIVERY AT THE PORT OF ARRIVAL)

The term "Delivery Carriage and Insurance Paid" describes the situation where the seller has the same obligations as under the CPT term, but in addition is obliged to provide the buyer with cargo insurance against the risk of loss and damage during carriage of the goods. The seller concludes the insurance contract and pays the insurance premium. The buyer should note that under the term CIP, the seller is only expected to provide a minimum level of insurance cover. The term CIP envisages that the seller handles the export clearance of the goods. The term may be used in all forms of transport, including multimodal ones.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Contract Of Carriage:
    a) Contract of carriage To conclude a contract for the carriage of the goods at its own expense from the place of destination to an agreed point by ordinary route. If there is no agreed point of destination and such a point has not been determined in current practice, then the seller may determine such a point within the designated destination as best suits its own purposes.
    b) Contract of insurance To conclude at its own expense a contract of cargo insurance under which, in accordance with the agreement contained in the contract, the buyer or any other person having such a relationship with the goods subject to the transaction as to be covered by the insurance may claim compensation directly from the insurance company; to provide the buyer with the insurance policy or any other document indicating the insurance coverage. The contract shall be concluded with insurers or insurance companies of reputable character in this field and shall comply with the minimum coverage provisions of the Cargo Provisions Authority (London Underwriters' Association) or other applicable provisions in this field, unless the existence of an agreement to the contrary is expressed. The period of validity of the insurance shall also be determined in accordance with the provisions of B.5. and B.4. If requested by the buyer, the seller shall, at the buyer's expense and if available, also insure against war, strike, revolution and civil commotion. The insurance coverage shall be determined as a minimum in the form of the price of the goods stated in the contract of sale plus ten per cent (total: 110%) and shall be covered in the currency stated in the contract of sale.
  • Delivery: To deliver the goods to the carrier, or, if more than one means of transport is involved in the carriage, to the first means of transport, in order to deliver the goods to the specified destination on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to assume all risk of loss and damage up to the time the goods are delivered in accordance with A.4.
  • Allocation of costs:Subject to the provisions of B.6: To pay all costs incurred in connection therewith until the goods are delivered in accordance with A.4., as well as all costs arising from A.3., including all costs that the carrier shall charge during the contract of carriage in connection with the loading of the goods on the vehicle and the unloading of the goods at the place of discharge, together with the cost of the carriage of the main cargo.
    To bear all costs related to customs clearance procedures, including the payment of taxes, duties and any governmental charges applicable to export transactions.
  • Informing the Buyer: To notify the Buyer both that the goods have been delivered in accordance with A.4. and to enable him to make the normally necessary preparations for taking delivery of the goods.
  • Delivery Confirmation and Transport Documents: If it is generally customary practice to provide the buyer, at his (the seller's) expense, with the usual transport document (e.g. a negotiable bill of lading, a non-negotiable sea transport document, a river transport document, an air transport document, a railway consignment note, a road consignment note or any other multimodal transport document).
    If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form necessary for the transport organised by it (unless the goods described in the contract are to be loaded unpacked at the site in question). The packaging shall be labelled as required.
  • Other Obligations: At the request of the consignee, at the consignee's risk and expense, to assist the consignee in obtaining, at the request of the consignee, documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country of dispatch and/or the country of origin of the goods.

B) Obligations of the Buyer

  • Making Payments:To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities: To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete all customs formalities necessary for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: Accept the goods if delivery has been made in accordance with A.4. and receive the goods from the carrier at the designated destination.
  • Assumption of Risks: To assume all risks of loss and damage to the goods and all risks of loss and damage to the goods from the moment the goods are delivered to it in accordance with A.4. in the event that it fails to make the necessary announcement pursuant to B.7., to assume all risks in respect of the goods from the date fixed for delivery or from the expiry of the period fixed for the same. For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3., to bear all costs and expenses relating thereto from the time of delivery of the goods in accordance with A.4.; also to bear all costs and payments for the period from the time the goods are in transit until they reach their destination, including the resulting unloading costs, unless such payments and expenses are included in the price of carriage or are incurred by the seller when concluding the contract of carriage in accordance with A.3.a).
    If the buyer has not given the necessary notice pursuant to B.7., he shall also bear any additional costs incurred in respect of the goods from the day of departure of the goods or from the expiry of the period fixed for this purpose. However, for this purpose, it must be recognised that the goods in question are goods specifically allocated under the contract and for that purpose, in other words, goods set aside for that purpose. To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the transit of such goods through another country.
  • Informing the Seller:Where it has the right to determine the time of departure and/or destination of the goods, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: If in accordance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods:To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations:To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard. Upon request, to provide the seller with information necessary for the realisation of insurance transactions.
12. DDU (DELIVERY WITHOUT PAYMENT OF CUSTOMS DUTY)

The term "Delivery Carriage and Insurance Paid" describes the situation where the seller has the same obligations as under the CPT term, but in addition is obliged to provide the buyer with cargo insurance against the risk of loss and damage during carriage of the goods. The seller concludes the insurance contract and pays the insurance premium. The buyer should note that under the term CIP, the seller is only expected to provide a minimum level of insurance cover. The term CIP envisages that the seller carries out the export-exit clearance of the goods. The term may be used in all forms of transport, including multimodal ones.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities: Obtain, at its own risk and expense, any licence or authorisation necessary for the export of the goods; complete all formalities necessary for the export of the goods.
  • Contract Of Carriage:
    a) Contract of carriage To conclude a contract for the carriage of the goods at its own expense from the place of destination to an agreed point by ordinary route. If there is no agreed point of destination and such a point has not been determined in current practice, then the seller may determine such a point within the designated destination as best suits its own purposes.
    b) Contract of insurance To conclude at its own expense a contract of cargo insurance under which, in accordance with the agreement contained in the contract, the buyer or any other person having such a relationship with the goods subject to the transaction as to be covered by the insurance may claim compensation directly from the insurance company; to provide the buyer with the insurance policy or any other document indicating the insurance coverage. The contract shall be concluded with insurers or insurance companies of reputable character in this field and, unless otherwise agreed, shall comply with the minimum coverage provisions of the Cargo Provisions Authority (London Underwriters' Association) or other applicable provisions in this field. The period of validity of the insurance shall also be determined in accordance with the provisions of B.5. and B.4. If requested by the buyer, the seller shall, at the buyer's expense and if available, also insure against war, strike, revolution and civil commotion. The insurance coverage shall be determined as a minimum in the form of the price of the goods stated in the contract of sale plus ten per cent (total: 110%) and shall be covered in the currency stated in the contract of sale.
  • Delivery: To deliver the goods to the carrier, or, if more than one means of transport is involved in the carriage, to the first means of transport, in order to deliver the goods to the specified destination on the specified date or within the stipulated time.
  • Assumption of Risks: Subject to the provisions of B.5., to bear all risk of loss and damage up to the time when the goods are delivered in accordance with A.4
  • Sharing of Costs:Subject to the provisions of B.6: To pay all costs associated therewith until the goods are delivered in accordance with A.4., as well as the cost of the carriage of the main cargo together with all costs arising from A.3., including any costs that the carrier may charge during the contract of carriage in connection with the loading of the goods on the vehicle and the unloading of the goods at the place of discharge. To bear all costs related to customs clearance procedures, including the payment of taxes, duties and any governmental charges applicable to export transactions..
  • Informing the Buyer: To notify the Buyer both that the goods have been delivered in accordance with A.4. and to enable him to make the normally necessary preparations for taking delivery of the goods.
  • Delivery Confirmation and Transport Documents: If it is generally customary practice to provide the buyer, at his (the seller's) expense, with the usual transport document (e.g. a negotiable bill of lading, a non-negotiable sea transport document, a river transport document, an air transport document, a railway consignment note, a road fonsignment note or any other multimodal transport document).
    If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form required for the transport organised by it (unless the goods described in the contract are to be loaded unpacked at the site in question). The packaging shall be labelled as required.
  • Other Obligations:At the request of the consignee, at the consignee's risk and expense, to assist the consignee in obtaining, at the request of the consignee, documents or equivalent electronic messages (other than those in A.8.) which are necessary for the importation of the goods and, in some cases, for the transit of such goods through another country, but which are issued in the country of dispatch and/or origin of the goods.

B) Obligations of the Buyer

  • Making Payments:To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary import licence or other official authorisation; to complete all customs formalities necessary for the importation of the goods and, if necessary, for the transit of such goods through another country.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery: Accept the goods if delivery has been made in accordance with A.4. and receive the goods from the carrier at the designated destination.
  • Assumption of Risks:To assume all risks of loss and damage to the goods and all risks of loss and damage to the goods from the moment the goods are delivered to it in accordance with A.4. in the event that it fails to make the necessary announcement pursuant to B.7., to assume all risks in respect of the goods from the date fixed for delivery or from the expiry of the period fixed for the same. For this purpose, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. goods set aside for that purpose.
  • Sharing of Costs: Subject to the provisions of A.3., to bear all costs and expenses relating thereto from the time of delivery of the goods in accordance with A.4.; also to bear all costs and payments for the period from the time the goods are in transit until they reach their destination, including the resulting unloading costs, unless such payment and expenses are included in the carriage price or are incurred by the seller when concluding the contract of carriage in accordance with A.3.a). If the buyer has not given the necessary notice pursuant to B.7., he shall also bear any additional costs incurred in respect of such goods from the day of departure of the goods or from the expiry of the period fixed for such departure. However, for this purpose, it must be recognised that the goods in question are goods specifically allocated under the contract and for that purpose, in other words, goods set aside for that purpose. To pay all duties, taxes and taxes of any kind applicable to imports, as well as all costs associated with customs entry procedures and, if necessary, with the transit of such goods through another country.
  • Informing the Seller:Where it has the right to determine the time of departure and/or destination of the goods, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: If in accordance with the contract, accept the transport document in accordance with A.8.
  • Inspection of Goods:To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations:To bear all costs and payments incurred in providing the documents referred to in A.10. or equivalent electronic messages; to reimburse all costs incurred by the seller in assisting him in this regard. Upon request, to provide the seller with information necessary for the realisation of insurance transactions.
13. DDP (CUSTOMS PAID DELIVERY)

The term "delivery with customs clearance paid" means that the seller's obligation of delivery is fulfilled when the goods are made available at the designated place in the importing country. Here, the seller bears all risks and expenses, including customs duties, taxes and other payments, including customs clearance, on the delivery of the goods with customs entry procedures completed. While the term EXW implies a minimum obligation on the part of the seller, the term DDP, on the contrary, implies a maximum obligation. If the seller cannot obtain an import licence, directly or indirectly, then this term should not be used. If the parties intend that the customs entry of the goods shall be carried out by the buyer and the customs duties shall be paid by him, then the term DDU should be used. If the parties wish to exclude from the seller's obligations certain payments applicable to import transactions (e.g. Value Added Tax), this may be achieved by the following additional wording to clarify the matter: "Delivery with customs duty paid, excluding VAT (destination...)" This term can be used regardless of the mode of transport.

A) Seller's Obligations

  • Conformity of the Goods to the Contract: To provide the goods and the invoice or an equivalent electronic message in accordance with the sales contract; to make available any other document required by the contract.
  • Licences, Authorisations and Formalities:To obtain, at its own risk and expense, the necessary export and import licences or other official authorisations; to complete all necessary customs formalities for the export and import of the goods, as well as, if necessary, for the transit of such goods through another country.
  • Contract of carriage and insurance:
    a) Contract of carriage To contract at its own expense for the carriage of the goods in the usual manner and by the usual route to the quay at the specified port.
    If a specific place has not been agreed upon, or if such a place has not been specified as a result of existing practice, then the seller may determine the place in the manner most convenient for him, including within the specified port of destination. b) Insurance contract No obligation.
  • Delivery: : To leave the goods at the buyer's home on the appointed date or within the stipulated period in accordance with A.3.
  • Assumption of Risks:Subject to the provisions of B.5., to bear all risk of loss and damage during the period up to the delivery of the goods in accordance with A.4.
  • Sharing of Costs: Subject to the provisions of B.6: In addition to the costs arising from A.3.a), to cover any costs associated therewith until delivery of the goods in accordance with A.4. bear the costs of the customs formalities necessary for the export and import of the goods, any taxes, duties and other charges levied on the export and import of the goods, as well as, if necessary and in the absence of an agreement to the contrary, the costs of transit of the goods through another country prior to delivery of the goods in accordance with A.4.
  • Informing the Buyer: Provide the consignee with sufficient information about the departure of the goods, as well as other notices to enable him to make the normal preparations necessary for the receipt of the goods.
  • Delivery Confirmation and Transport Documents: Provide, at its (the seller's) expense, such delivery order and/or customary transport document (e.g. a transferable bill of lading, a non-transferable sea/river/airway bill of lading, a railway or road consignment note or a multimodal transport document) as may be necessary for the buyer to take delivery of the goods. If the seller and the buyer have agreed to communicate with each other by electronic means of communication, the document referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message of equal validity.
  • Inspection, packaging, labelling: to bear the costs associated with the inspection procedures (e.g. quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with A.4. to pay at its own expense for the packaging of the goods in the form necessary for the delivery to the buyer (unless, in the area in question, the goods as defined in the contract are to be delivered without packaging). The packaging shall be duly labelled.
  • Other Obligations: To bear all costs and payments incurred in providing the documents referred to in B.10. or equivalent electronic messages; to reimburse all costs incurred by the recipient in assisting him in this regard. To provide the recipient, upon To bear all costs and payments incurred in providing the documents referred to in B.10. or equivalent electronic messages; to reimburse all costs incurred by the recipient in assisting him in this regard. To provide the recipient, upon request, with information necessary for insurance procedures equest, with information necessary for insurance procedures.

B) Obligations of the Buyer

  • Making Payments: To pay the price of the goods as specified in the sales contract.
  • Licences, Authorisations and Formalities:At the request of the Seller, at his risk and expense, to assist him in obtaining any licence or official authorisation necessary for the importation of the goods.
  • Contract of Carriage and Insurance: No obligation.
  • Receiving Delivery:To take delivery of the goods as soon as they have been released into his possession in accordance with A.4.
  • Assumption of Risks: Assume all risks of loss and damage to the goods from the moment they are placed at its disposal in accordance with A.4. to assume all risks of loss and damage to the goods from the date fixed for delivery or from the expiry of the period fixed for the same, if it fails to give the necessary notice in accordance with B.7.
    For this, however, it must be recognisable that the goods in question are goods specifically allocated under the contract and for that purpose, i.e. set aside for that purpose.
  • Sharing of Costs: After the goods have been placed at its disposal in accordance with A.4., it shall bear all costs relating to those goods. In the event that it takes delivery of the goods when they have been placed at its disposal in accordance with A.4. or fails to give notice in accordance with B.7., it shall bear all additional costs incurred as a result thereof. For this purpose, however, it must be recognisable that the goods in question are goods specifically set aside under the contract and for that purpose.
  • Informing the Seller: If the seller has the right to determine the day and/or place of receipt of the goods within a certain period of time, to make the necessary announcements to the seller regarding these matters.
  • Delivery Confirmation and Transport Documents: Accept the appropriate qualified delivery order or transport document in accordance with A.8.
  • Inspection of Goods: To cover the cost of pre-loading inspection procedures, unless otherwise agreed and unless the procedure is compulsorily carried out by officials of the country of export.
  • Other Obligations:At the request of the seller, at its own risk and expense, to assist the seller in obtaining documents or electronic messages issued in the country of importation, which may be necessary for the seller to present the goods to the buyer in accordance with the rules set out herein.
docx file PDF