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INCOTERMS 2000 (International Commercial Terms)

The Incoterms were created by the International Chamber of Commerce and regulate the rights and obligations of buyers and sales representatives in international commodity handling.
They can be obtained from the International Chamber of Commerce (Publication 560) or from bookstores (ISBN 3-87081-200-1).

The Incoterms are international rules for structuring a particular group of contractual clauses that are used in
commercial agreements.

The terms regulate in particular: They do not regulate:
• delivering and taking delivery of goods
• the division of costs
• the transfer of risk
• proof of delivery, transport documents or
  equivalent electronic message
• transfer of ownership
• the payment process
• applicable law
• the jurisdiction


The Incoterms are grouped in four categories:
E-Terms EXW  Ex Works (… named place)
F-Terms FCA Free Carrier (... named place)
FAS Free Alongside Ship (... named port of shipment)
FOB Free On Board (... named port of destination)
C-Terms CFR Cost and Freight (... named port of destination)
CIF Cost Insurance and Freight {... named port of destination)
CPT Carriage Paid To (... named place of destination)
CIP Carriage and Insurance Paid To (... named place of destination)
D-Terms DAF Delivered At Frontier (... named place)
DES Delivered Ex Ship (... named port of destination)
DEQ Delivered Ex Quay (... named port of destination)
DDU Delivered Duty Unpaid (... named place of destination)
DDP  Delivered Duty Paid (... named place of destination

Mode of transport and the appropriate INCOTERMS 2000
Any mode of transport EXW  Ex Works (... named place)
FCA Free Carrier (... named place)
CPT  Carriage Paid To (... named place of destination)
CIP  Carriage and Insurance Paid To (... named place of destination)
DAF  Delivered At Frontier (... named place)
DDU  Delivered Duty Unpaid (... named place of destination)
DDP Delivered Duty Paid (... named place of destination)
Ocean marine and
inland marine transport
FAS  Free Alongside Ship (... named port of shipment)
FOB  Free On Board (... named port of shipment)
CFR  Cost and Freight (... named port of destination)
CIF  Cost, Insurance and Freight (... named port of destination)
DES  Delivered Ex Ship (... named port of destination)
DEQ  Delivered Ex Quay (... named port of destination)
Rail transport FCA  Free Carrier (... named place)
Air transport FCA  Free Carrier (... named place)

 

EXW  Ex Works (...named place)

Seller’s Obligation
  • Place the goods for disposal at your premises or another named place (i.e. works, factory, warehouse, etc.).
Points of prime importance
  • Even after the delivery of the goods, you still bear a considerable financial risk until full payment has been made.
  • These conditions are disadvantageous for your client. He bears a high risk and has to arrange everything himself such as export, transportation, insurance etc.


Buyer’s Obligation
  • Take delivery of the goods as soon they have been made available at the seller's premises or another named place (i.e. works, factory, warehouse, etc.).
  • Bear all costs and risks involved with organising the transport from that time on.
Points of prime importance
  • • Risk of loss or damage to the goods is transferred to you as soon as they have been placed at your disposal at the seller's premises or other named place (i.e. works, factory, warehouse, etc.)
  • The supplier is under no obligation to obtain marine insurance.

FOB Free On Board  (...named place of destination)

Seller’s Obligation
  • Deliver the goods on board the ocean ship.
  • Bear all costs and risks of loss or damage to the goods until they have passed the ship's rail at the named port of shipment.
Points of prime importance
  • Your client may only be able to obtain restricted insurance from the port of shipment.
  • On the one hand, you bear a considerable financial risk should no payment have been made before the shipment; on the other hand, you have no guarantee that the buyer has obtained marine insurance.


Buyer’s Obligation
  • Obtain the required space on the ocean ship.
  • Bear all costs and the risk of loss or damage to the goods from the time they have passed the ship's rail at the named port of shipment.
Points of prime importance
  • The supplier has no obligation to obtain insurance for the maritime voyage.


CFR Cost and Freight (...named place of destination)

Seller’s Obligation
  • Deliver the goods on board the ocean ship.
  • Obtain a contract for carriage to the named port of destination and pay the freight as well as all other costs.
  • Bear all risk of loss or damage to the goods until they have passed the ship's rail at the named port of shipment.
Points of prime importance
  • Even after the delivery of the goods, you still bear a considerable financial risk until full payment has been made.
  • Your client may only be able to obtain restricted insurance for the maritime voyage.

Buyer’s Obligation
  • Accept delivery of the goods at the named port of destination after receipt of the transport documents.
  • Bear all risk of loss or damage to the goods from the time they have passed the ship's rail at the named port of shipment.
Points of prime importance
  • The supplier bears the risk of loss or damage to the goods only as far as the port of shipment. He is under no obligation to obtain insurance for the maritime voyage.

CIF Cost, Insurance and Freight (...named place of destination)

Seller’s Obligation
  • Deliver the goods on board the ocean ship.
  • Obtain a contract for carriage to the named port of destination and pay the freight as well as all other costs.
  • Bear all risk of loss or damage to the goods until they have passed the ship's rail at the named port of shipment;
  • Obtain transferable marine insurance
Points of prime importance
  • If the insurance has been agreed "CIF named port of destination", it is usually possible to obtain only restricted coverage for the subsequent overland transport.

Buyer’s Obligation
  • Accept delivery of the goods at the named port of destination after receipt of the transport documents.
  • Bear all risk of loss or damage to the goods from the time they have passed the ship's rail at the named port of shipment.
Points of prime importance
  • Your supplier only has to obtain minimal coverage for the goods during the maritime voyage.
  • Without a qualitative and quantitative examination of the goods at the port of arrival, only restricted insurance can be obtained for the subsequent transport to the destination.

CPT Carriage Paid to (...named place of destination)

Seller’s Obligation
  • Deliver the goods for transport by the carrier contracted to the named place of destination;
  • Bear all risk of loss or damage to the goods until they have been delivered to the first carrier.
    Points of prime importance
Points of prime importance
  • Even after the delivery of the goods you still bear a considerable financial risk until full payment has been made and your customer has obtained marine insurance.

Buyer’s Obligation
  • Bear all risk of loss or damage to the goods from the time they have been delivered to the first carrier
Points of prime importance
  • The supplier is under no obligation to take out marine insurance.
  • Damage which is not detected before the carrier takes delivery of the goods can no longer be claimed for from the supplier.
  • Without a qualitative and quantitative examination of the goods at the time the carrier takes delivery, only restricted coverage can be obtained for the subsequent transport.
CIP Freight, Carriage and Insurance Paid to (...named place of destination)

Seller’s Obligation
  • Obtain a contract for the carriage of the goods and pay the freight as well as all other costs as far as the named place of destination;
  • Bear all risk of loss or damage to the goods until they have been delivered to the first carrier;
  • Obtain transferable marine insurance, the conditions of which are appropriate for the type of goods and commercial practice.
Points of prime importance
  • For subsequent transportation from the named place of destination (if different from the final place of destination)
    your client can only obtain restricted insurance.

Buyer’s Obligation
  • Accept the goods from the carrier at the named place.
Points of prime importance
  • You carry the risk for loss or damage to the goods during shipment. However, the seller has to obtain insurance from warehouse to warehouse.
  • You have the option of agreeing the scope of insurance with the seller. If no such agreement is made, he is only obliged to obtain insurance coverage which conforms to market standards.
  • You neither know the insurance company nor the exact scope of coverage.
DAF  Delivered at Frontier (...named place)

Seller’s Obligation
  • Place the goods at the disposal of the buyer on the arriving means of transport not unloaded at the named place of delivery at the frontier.
  • Bear all costs and the risk of loss or damage to the goods as far as the named place of delivery at the frontier.
Points of prime importance
  • Even after delivery of the goods you still bear a considerable financial risk until full payment has been made and your customer has obtained marine insurance.
  • Your client may only be able to obtain minimum insurance coverage for the subsequent transport.


Buyer’s Obligation
  • Take delivery of the goods on the arriving means of transport not unloaded at the named place of delivery at the frontier and from that time bear all costs to the final destination.
Points of prime importance
  • The supplier is under no obligation to take out marine insurance.
  • Damage which occurs before the goods reach the named place of delivery at the frontier, but which is only detected at the named place of destination can no longer be claimed for from the supplier.
  • Without a qualitative and quantitative examination of the goods at the named place of delivery at the frontier, only restricted coverage can be obtained for the subsequent transport.


DDP  Delivered Duty Paid  (...named place of destination)

Seller’s Obligation
  • Place the goods at the disposal of the buyer on any arriving means of transport not unloaded at the named place of destination.
  • Bear all costs and the risk of loss or damage to the goods as well as all costs incurred through customs formalities, duties, taxes and other charges.
Points of prime importance
  • Even after delivery of the goods you still bear a considerable financial risk until full payment has been made and your customer has obtained marine insurance.
  • Your client may only be able to obtain restricted coverage for the subsequent transportation.
  • You may encounter insurmountable problems when attempting to clear customs in the country of destination (e.g. missing import licenses which must be procured by the buyer).


Buyer’s Obligation
  • Take delivery of the goods on the arriving means of transport not unloaded at the named place of destination and from that time bear all costs to the final destination.
Points of prime importance
  • The supplier is under no obligation to take out marine insurance.
  • Damage which occurs before the goods reach the named place of destination, but which is only detected at the final desti¬nation can no longer be claimed for from the supplier.
  • Without a qualitative and quantitative examination of the goods at the named place of destination, only restricted coverage can be obtained for the subsequent transport.


 


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