INCOTERMS 1990
出处:按学科分类—经济 对外经济贸易大学出版社《当代国际贸易与金融大辞典》第954页(105518字)
EXW
EX WORKS
(…named place)
“Ex works”means that the seller fulfils his obligation to deliver when he has made the goods available at his premises(i.e.works,factory,warehouse,etc.)to the buyer.In particular,he is not responsible for loading the goods on the vehicle provided by the buyer or for clearing the goods for export,unless otherwise agreed.The buyer bears all costs and risks involved in taking the goods from the seller’s premises to the desired destination.This term- thus represents the minimum obligation for the seller.This teem should not be used when the buyer cannot carry out directly or indirectly the export formalities.In such circumstances,the FCA term should be used.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Render the buyer,at the latter’s request,risk and expense,every assistance in obtaining any export licence or other official authorisation necessary for the exportation of the goods.A3.Contract of carriage and insurance
a)Contract of carriage
No obligation.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer at the named place of delivery on the date or within the period stipulated or,if no such place or time is stipulated,at the usual place and time for delivery of such goods.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been placed at the disposal of the buyer in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.,pay all costs relating to the goods until such time as they have been placed at the disposal of the buyer in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice as to when and where the goods will be placed at his disposal.
A8.Proof of delivery.transport document or equivalent electronic message
No obligation.
A9.Checking-packaging-marking
Pay the costs of those checking operations (such as checking quality,measuring,weighing,counting) which are necessary for the purpose of placing the goods at the disposal of the buyer.
Provide at his own expense packaging (unless it is usual for the particular trade to make the goods of the contract description available unpacked) which is required for the transport of the goods,to the extent that the circumstances relating to the transport (e.g.modalities,destination) are made known to the seller before the contract of sale is concluded.Packaging is to be marked appropriately.
A10.Other obligation
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of delivery and/or of origin which the buyer may require for the exportation and/or importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any export and import licence or other official authorisation and carry out all customs formalities for the exportation and importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods form the time they have been placed at his disposal in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of any period fixed for taking delivery provided,however,that the goods have been duly appropriated to the contract,that is to say clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods form the time they have been placed at his disposal in accordance with A.4.
Pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at his disposal,or to give appropriate notice in accordance with B.7.provided,however,that the goods have been duly appropriated to the contract,that is to say clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon exportation and importation of the goods and,where necessary,for their transit through another country.
Reimburse all costs and charges incurred by the seller in rendering assistance in accordance with A.2.
B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Provide the seller with appropriate evidence of having taken delivery.
B9.Inspection of goods
Pay,unless otherwise agree,the costs of pre-shipment inspection (including inspection mandated by the authorities of the country of exportation).
B1O.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent,electronic messages in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
FCA
FREE CARRIER
(…named place)
“Free Carrier”means that the seller fulfils his obligation to deliver when he has handed over the goods,cleared for export,into the charge of the carrier named by the buyer at the named place or point.If no precise point is indicated by the buyer,the seller may choose within the place or range stipulated where the carrier shall take the goods into his charge.When,according to commercial practice,the seller’s assistance is required in making the contract with the carrier (such as in rail or air transport)the seller may act at the buyer’s risk and expense.
This term may be used for any mode of transport,including multimodal transport.
“Carrier”means any person who,in a contract of carriage,undertakes to perform or to procure the performance of carriage by rail,sea,air,inland waterway or by a combination of such modes.If the buyer instructs the seller to deliver the cargo to a person,e.g.a freight forwarder who is not a“carrier”,the seller is deemed to have fulfilled his obligation to deliver the goods when they are in the custody of that person.
“Transport terminal”means a railway terminal,a freight station,a container terminal or yard,a multipurpose cargo terminal or any similar receiving point.
“Container”includes any equipment used to unitise cargo,e.g.all types of containers and/or flats,whether ISO accepted or not,trailers,swap bodies,ro-ro equipment,igloos,and applies to all modes of transport.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic messages,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necesasary for the exportation of the goods.
A3.Contract of carriage and insurance
a)Contract of carriage
No obligation.However,if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time,the seller may contract for carriage on usual terms at the buyer’s risk and expense.The seller may decline to make the contract and,if he does,shall promptly notify the buyer accordingly.
b) Contract of insurance
No obligation.
A4.Delivery
Deliver the goods into the custody of the carrier or another person(e.g.a freight forwarder named by the buyer,or chosen by the seller in accordance with A.3.a),at the named place or point(e.g.transport terminal or other receiving point)on the date or within the period agreed for delivery and in the manner agreed or customary at such point.If no specific point has been agreed,and if there are several points available,the seller may select the point at the place of delivery which best suits his purpose.Failing precise instruction from the buyer,the seller may deliver the goods to the carrier in such a manner as the transport mode of that carrier and the quantity and/or nature of the goods may require.
Delivery to the carrier is completed:
I) In the case of rail transport when the goods constitute a wagon load (or a container load carried by raiDthe seller has to load the wagon or container in the appropriate manner.Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its behalf.
When the goods do not constitute a wagon or container load,delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway.
I) In the case of road transport when loading takes place at the seller’s premises,delivery is completed when the goods have been loaded on the vehicle provided by the buyer.
When the goods are delivered to the carrier’s premises.delivery is completed when they have been handed over to the road carrier or to another person acting on his behalf.
I) In the case of transport by inland waterway when loading takes place at the seller’s premises,deli very is completed when the goods have been loaded on the carrying vessel provided by the buyer.
When the goods are delivered to the carrier’s premises,delivery is completed when they have been handed over to the inland waterway carrier or to another person acting on his behalf.
IV) In the case of sea transport when the goods constitute a full container load (FCL),delivery is completed
when the loaded container is taken over by the sea carrier.When the container has been carried to an operator of a transport terminal acting on behalf of the carrier,the goods shall be deemed to have been taken over when the
container has entered into the premises of that terminal.
When the goods are less than a container load (LCD,or are not to be containerised,the seller has to carry them to the transport terminal.Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf.
V) In the case of air transport,delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf.
VI) In the case of unnamed transport,delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf.
Ⅶ) In the case of multimodal transport,delivery is completed when the goods have been handed over as specified in I)- W ),as the case may be.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·Pay all costs relating to the goods until such time as they have been delivered to the carrier in accordance with A.4.
·pay the costs of customs formalities as well as all duties,taxes,and other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered into the custody of the carrier.Should the carrier fad to take the goods into his charge at the time agreed,the seller must notify the buyer accordingly.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense,if customary,with the usual document in proof of deliery of the goods in accordance with A.4.
Unless the document referred to in the preceding paragraph is the transport document,render the buyer at the latter’s request,risk and expense,every assistance in obtaining a transport document for the contract of carriage (for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,an air waybill,a railway consignment note,a road consignment note,or a multimodal transport document).
When the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations (such as checking quality.measuring,weighing,counting)which are necessary for the purpose of delivering the goods to the carrier.
Provide at his own expense packaging(unless it is usual for the particular trade to send the goods of the contract description unpacked)which is required for the transport of the goods,to the extent that the circumstances relating to the transport(e.g.modalities.destination)are made known to the seller before the contract of sale is concluded.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent elelctronic messages (other than those mentioned in A.8.) issued or transmitted in the country of delivery and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3,Contract of carriage
Contract at his own expense for the carriage of the goods from the named place,except as provided for in A,3,a).
B4.Taking delivery
Take delivery of the goods in accordance with A,4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A,4.
Should he fail to give notice in accordance with B,7.,or should the carrier named by him fail to take the goods into his charge,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of any periodstipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.B6.Division of costs
Pay all costs relating to the goods from the time when they have been delivered in accordance with A.4.
Pay any additional costs incurred,either because he fails to name the carrier,or the carrier named by him fails to take the goods into his charge at the agreed time,or because he has failed to give appropriate notice in accordance with B.7.provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and,where necessary,for their transit through another country.
B7.Notice to the seller
Give the seller sufficient notice of the name of the carrier and,where necessary,specify the mode of transport,as well as the date or period for delivering the goods to him and,as the case may be,the point within the place where the goods should be delivered to the carrier.
B8.Proof of delivery.transport document or equivalent electronic message
Accept the proof of delivery in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith and in contracting for carriage in accordance with A.3.a).
Give the seller appropriate instructions whenever the seller’s assistance in contracting for carriage is required in accordance with A.3.a).
FAS
FREE ALONGSIDE SHIP
(…named port of shipment)
“Free Alongside Ship”means that the seller fulfils his obligation to deliver when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment.This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment.
The FAS term requires the buyer to clear the goods for export.It should not be used when the buyer cannot carry out directly or indirectly the export formalities.
This term can only be used for sea or inland waterway transport.
A.THE SELLER MUST
Al.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Render the buyer,at the latter’s request,risk and expense,every assistance in obtaining any export licence or other official authorisation necessary for the exportation of the goods.A3.Contract of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
A4.Delivery
Deliver the goods alongside the named vessel at the loading place named by the buyer at the named port of shipment on the date or within the period stipulated and in the manner customary at the port.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such times as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.,pay all costs relating to the goods until such times as they have been delivered in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered alongside the named vessel.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the usual document in proof of delivery of the goods in accordance with A.4.
Unless the document referred to in the preceding paragraph is the transport document,render the buyer at the latter’s request,risk and expense,every assistance in obtaining a transport document (for example,a negotiable bill of lading,a non-negotiable seawaybill,an inland waterway document).
When the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraphs may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations (such as checking quality,measuring,weighing,counting) which are necessary for the purpose of placing the goods at the disposal of the buyer.
Provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked)which is required for the transport of the goods,to the extent that the circumstances relating to the transport(e.g.modalities,destination)are made known to the seller before the contract of sale is concluded.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A.8.) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the exportation and/or-importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any export and import licence or other official authorisation and carry out all customs formalities for the exportation and importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
Contract at his own expense for the carriage of the goods from the named port of shipment.B4.Taking delivery
Take delivery of the goods in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A.4.
Should he fail to fulfil his obligations in accordance with B.2.,bear all additional risks of loss of or damage to the goods incurred thereby and should he fail to give notice in accordance with B.7.,or should the vessel named by him fail to arrive on time,or be unable to take the goods,or close for cargo earlier than the stipulated time,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods from the time they have been delivered in accordance with A.4.
Pay any additional costs incurred,either because the vessel named by him has failed to arrive on time,or will be unable to take the goods,or will close for cargo earlier than the stipulated time,or because the buyer has failed to fulfil his obligations in accordance with B.2.,or to give appropriate notice in accordance with B.7.provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon exportation and importation of the goods and,where necessary,for their transit through another country.
Pay all costs and charges incurred by the seller in rendering assistance in accordance with A.2.
B7.Notice to the seller
Give the seller sufficient notice of the vessel name,loading place and required delivery time.
B8.Proof of delivery.transport document or equivalent electronic message
Accept the proof of delivery in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection (including inspection mandated by the authorities of the country of exportation).B1O.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
FOB
FREE ON BOARD
(…named port of shipment)
“Free on Board”means that the seller fulfils his obligation to deliver when the goods have passed over the ship’s rail at the named port of shipment.This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.
The FOB term requires the seller to clear the goods for export.
This term can only be used for sea or inland waterway transport.When the ship’s rail serves no practical purpose,such as in the case of roll-on/roll-off or container traffic,the FCA term is more appropriate to use.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods.
A3.Conrtact of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
A4.Delivery
Deliver the goods on board the vessel named by the buyer at the named port of shipment on the date or within the period stipulated and in the manner customary at the port.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have passed the ship’s rail at the named port of shipment.
A6.Division of costs
Subject to the provisions of B.6.
·pay all costs relating to the goods until such time as they have passed the ship’s rail at the named port of shipment;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes and other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered on board.
A8.Proof of delivery transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the usual document in proof of delivery in accordance with A.4.
Unless the document referred to in the preceding paragraph is the transport document,render the buyer,at the latter’s request,risk and expense,every assistance in obtaining a transport document for the contract of carriage (for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,or amultimodal transport document).
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked)which is required for the transport of the goods,to the extent that the circumstances relating to the transport(e.g.modalities,destination)are made known to the seller before the contract of sale is concluded.
Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A.8.)issued or transmitted in the country of shipment and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1 Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
Contract at his own expense for the carriage of the goods from the named port of shipment.B4.Taking delivery
Take delivery of the goods in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have passed the ship’s rail at the named port of shipment.
Should he fail to give notice in accordance with B.7.,or should the vessel named by him fail to arrive on time,or be unable to take the goods,or close for cargo earlier than the stipulated time,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods from the time they have passed the ship’s rail at the named port of shipment.
Pay any additional costs incurred,either because the vessel named by him has failed to arrive on time,or is unable to take the goods,or will close for cargo earlier than the stipulated date,or because the buyer has failed to give appropriate notice in accoi’dance with B.7.provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and,where necessary,for their transit through another country.
B7.Notice to the seller
Give the seller sufficient notice of the vessel name,loading point and required delivery time.
B8.Proof of delivery.transport document or equivalent electronic message
Accept the proof of delivery in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of export.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
CFR
COST AND FREIGHT
(…named port of destination)
“Cost and Feight”means that the seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods,as well as any additional costs due to events occurring after the time the goods have been delivered on board the vessel,is transferred from the seller to the buyer when the goods pass the ship’s rail in the port of shipment.
The CFR term requires the seller to clear the goods for export.
This term can only be used for sea and inland waterway transport. When the ship’s rail serves no practical purpose,such as in the case of roll-on/roll-off or container traffic,the CPT term is more appropriate to use.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as appropriate)of the type normally used for the transport of goods of the contract description.
b)Contract of insurance
No obligation.
A4.Delivery
Deliver the goods on board the vessel at the port of shipment on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have passed the ship’s rail at the port of shipment.
A6.Division of costs
Subject to the provisions of B.6.
·Pay all costs relating to the goods until they have been delivered in accordance with A.4.as well as the freight and all other costs resulting from A.3.a)including costs of loading the goods on board and any charges for unloading at the port of discharge which may be levied by regular shipping lines when contracting for carriage.
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes and other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered on board the vessel as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Unless otherwise agreed,at his own expense provide the buyer without delay with the usual transport document for the agreed port of destination.
This document(for example,a negotiable bill of lading,a non-negotiable seaway bill or an inland waterway document)must cover the contract goods,be dated within the period agreed for shipment,enable the buyer to claim the goods from the carrier at destination and,unless otherwise agreed,enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer(the negotiable bill of lading)or by notification to the carrier.
When such a transport document is issued in several originals,a full set of originals must be presented to the buyer.If the transport document contains a reference to a charter party,the seller must also provide a copy of this latter document..
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraphs may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to ship the goods of the contract description unpacked)which is required for the transport of the goods arranged by him.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of shipment and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
Bl. Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Accept delivery of the goods when they have been delivered in accordance with A.4.and receive them from the carrier at the named port of destination.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have passed the ship's rail at the port of shipment.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Subject to the provisions of A.3.,pay all costs relating to the goods from the time they have been delivered in accordance with A.4.and, unless such costs and charges have been levied by regular shipping lines when contracting for carriage, pay all costs and charges relating to the goods whilst in transit until their arrival at the port of destination,as well as unloading costs including lighterage and wharfage charges.
Should he fail to give notice in accordance with B.7.,pay the additional costs thereby incurred for the goods from the agreed date or the expiry date of the period fixed for shipment provided, however ,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and ,where necessary, for their transit through another country.
B7.Notice to the seller
Whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.
B8.Proof of delivery, transport document or equivalent electronic message
Accept the transport document in accordance with A.8.if it is in conformity with the contract.
B9.Inspection of goods
Pay,unless otherwise agreed ,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
CIF
COST,INSURANCE AND FREIGHT
(…named port of destination)
“Cost,Insurance and Freight”means that the seller has the same obligations as under CFR but with the addition that he has to procure marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage.The seller contracts for insurance and pays the insurance premium.
The buyer should note that under the CIF term the seller is only required to obtain insurance on minimum coverage.
The CIF term requires the seller to clear the goods for export.
This term can only be used for sea and inland waterway transport.When the ship’s rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic,the CIP term is more appropriate to use.
A.THE SELLER MUST
A1 Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel(or inland waterway vessel as appropriate)of the type normally used for the transport of goods of the contract description.
b)Contract of insurance
Obtain at his own expense cargo insurance as agreed in the contract,that the buyer,or any other person having an insurable interest in the goods,shall be entitled to claim directly from the insurer and provide the buyer with the insurance policy or other evidence of insurance cover.
The insurance shall be contracted with underwriters or an insurance company of good repute and,failing express agreement to the contrary,be in accordance with minimum cover of the Institute Cargo Clauses(Institute of London Underwriters)or any similar set of clauses.The duration of insurance cover shall be in accordance with B.5.and B.4.When required by the buyer,the seller shall provide at the buyer’s expense war,strikes,riots and civil commotion risk insurances if procurable.The minimum insurance shall cover the price provided in the contract plus ten per cent(i.e.110%)and shall be provided in the currency of the contract.
A4.Delivery
Deliver the goods on board the vessel at the port of shipment on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such times as they have passed the ship’s rail at the port of shipment.
A6.Division of costs
Subject to the provision of B.6.
·pay all costs relating to the goods until they have been delivered in accordance with A.4.as well as the freight and all other costs resulting from A.3.,including costs of loading the goods on board and any charges for unloading at the port of discharge which may be levied by regular shipping lines when contracting for carriage.
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes and other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered on board the vessel as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Unless otherwise agreed,at his own expense provide the buyer without delay with the usual transport document for the agreed port of destination.
This document(for example,a negotiable bill of lading,a non-negotiable sea waybill or an inland waterway document)must cover the contract goods,be dated within the period agreed for shipment,enable the buyer to claim the goods from the carrier at destination and,unless otherwise agreed,enable the buyer to sell the goods in transit by the transfer of the document to a subsequent buyer(the negotiable bill of lading)or by notification to the carrier.
When such a transport document is isssued in several originals,a full set of originals must be presented to the buyer.If the transport document contains a reference to a charter party,the seller must also provide a copy of this latter document.
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraphs may be replaced by an equivalent electronic data interchange(EDI)messaage.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to ship the goods of the contract description unpacked)which is required for the transport of the goods arranged by him.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of shipment and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Accept delivery of the goods when they have been delivered in accordance with A.4.and receive them from the carrier at the named port of destination.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have passed the ship's rail at the port of shipment.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6. Division of costs
Subject to the provisions of A. 3.,pay all costs relating to the goods from the time they have been delivered in accordance with A. 4. and,unless such costs and charges have been levied by regular shipping lines when contracting for carriage,pay all costs and charges relating to the goods whilst in transit until their arrival at the port of destination,as well as unloading costs including lighterage and wharfage charges.
Should he fail to give notice in accordance with B. 7.,pay the additional costs thereby incurred for the goods from the agreed date or the expiry date of the period fixed for shipment provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and,where necessary,for their transit through another country.
B7. Notice to the seller
Whenever he is entitled to determine the time for shipping the goods and/or the port of destination,give the seller sufficient notice thereof.
B8. Proof of delivery,transport document or equivalent electronic message
Accept the transport document in accordance with A.8. if it is in conformity with the contract.
B9. Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10. Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A. 10. and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
Provide the seller,upon request,with the necessary information for procuring insurance.
CPT
CARRIAGE PAID TO
(…named place of destination)
“Carriage paid to...”means that the seller pays the freight for the carriage of the goods to the named destination.The risk of loss of or damage to the goods,as well as any additional costs due to events occurring after the time the goods have been delivered to the carrier,is transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier.
“Carrier”means any person who,in a contract of carriage,undertakes to perfrom or to procure the performance of carriage,by rail,road,sea,air,inland waterway or by a combination of such modes.
If subsequent carriers are used for the carriage to the agreed destination,the risk passes when the goods have been delivered to the first carrier.
The CPT term requires the seller to clear the goods for export.
This term may be used for any mode of transport including multimodal transport.
A.THE SELLER MUST
Al.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be require by the contract.A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods.
A3.contract of carriage and insurance
a)Contract of carriage
Contract on usual terms at his own expense for the carriage of the goods to the agreed point at the named place of destination by a usual route and in a customary manner.If a point is not agreed or is not determined by practice,the seller may select the point at the named place of destination which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Deliver the goods into the custody of the carrier or,if there are subsequent carriers,to the first carrier,for transportation to the named place of destination on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.A6.Division of costs Subject to the provisions of B.6.
·pay all costs relating to the goods until they have been delivered in accordance with A.4.as well as the
freight and all other costs resulting from A.3.a),including costs of loading the goods and any charges for
unloading at the place of destination which may be included in the freight or incurred by the seller when contracting for carriage;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes or other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered in accordance with A.4.as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense,if customary,with the usual transport document(for example a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,an air waybill,a railway consignment note,a road consignment note,or a multimodal transport document).Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced hy an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality.measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to send the goods of the contract description unpacked)which is required for the transport of the goods arranged by him.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.B2.Licences.authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Accept delivery of the goods when they have been delivered in accordance with A.4.and receive them from the carrier at the named place of destination.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of the goods from the agreed date or the expiry date of the period fixed for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Subject to the provisions of A.3.a),pay all costs relating to the goods from the time they have been delivered in accordance with A.4.and,unless such costs and charges have been included in the freight or incurred by the seller when contracting for carriage in accordance with A.3.a),pay all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination,as well as unloading costs.
Should he fail to give notice in accordance with B.7.,pay the additional costs thereby incurred for the goods from the agreed date or the expiry date of the period fixed for dispatch provided.however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and,where necessary,for their transit through another country.
B7.Notice to the seller
Whenever he is entitled to determine the time for dispatching the goods and/or the destination,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the transport document in accordance with A.8.if it is in conformity with the contract.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
CIP
CARRIAGE AND INSURANCE PAID TO
(...named place of destination)
“Carriage and insurance paid to...”means that the seller has the same obligations as under CPT but with the addition that the seller has to procure cargo insurance against the buyer’s risk of loss of or damage to the goods during the carriage.The seller contracts for insurance and pays the insurance premium.
The buyer should note that under the CIP term the seller is only required to obtain insurance on minimum coverage.
The CIP term requires the seller to clear the goods for export.This term may be used for any mode of transport including multimodal transport.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract on usual terms at his own expense for the carriage of the goods to the agreed point at the named place of destination by a usual route and in a customary manner.If a point is not agreed or is not determined by practice,the seller may select the point at the named place of destination which best suits his purpose.
b)Contract of insurance
Obtain at his own expense cargo insurance as agreed in the contract.that the buyer,or any other person having an insurable interest in the goods,shall be entitled to claim directly from the insurer and provide the buyer with the insurance policy or other evidence of insurance cover.
The insurance shall be contracted with underwriters or an insurance company of good repute and,failing express agreement to the contrary,be in accordance with minimum cover of the Institute Cargo Clauses(Institute of London Underwriters)or any similar set of clauses.The duration of insurance cover shall be in accordance with B.5.and B.4.When required by the buyer,the seller shall provide at the buyer’s expense war,strikes,riots and civil commotion risk insurances if procurable.The minimum insurance shall cover the price provided in the contract plus ten per centG.e.110%)and shall be provided in the currency of the contract.
A4.Delivery
Deliver the goods into the custody of the carrier or,if there are subsequent carriers,to the first carrier,for transportation to the named place of destination on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·pay all costs relating to the goods until they have been delivered in accordance with A.4.as well as the freight and all other costs resulting from A.3.including costs of loading the goods on board and any charges for unloading at the port of discharge which may be levied by regular shipping lines when contracting for carriage;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes and other official charges payable upon exportation.
A7.Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered in accordance with A.4.as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense,if customary,with the usual transport document(for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,an air waybill,a railway consignment note,a road consignment note or a multimodal transport document).
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to send the goods of the contract description unpacked)which is required for the transport of the goods arranged by him.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of dispatch and/or of origin,which the buyer may require for the importation of the goods and where necessary,for their transit through another country.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences .authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities for the importation of the goods and,where necessary,for their transit through another country.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Accept delivery of the goods when they have been delivered in accordance with A.4.and receive them from the carrier at the named port of destination.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of the goods from the agreed date or the expiry date of the period fixed for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say.clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Subject to the provisions of A.3.,pay all costs relating to the goods from the time they have been delivered in accordance with A.4.and,unless such costs and charges have been included in the freight or incurred by the seller when contracting for carriage in accordance with A.3.a),pay all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination,as well as unloading costs.
Should he fail to give notice in accordance with B.7.,pay the additional costs thereby incurred for the goods from the agreed date or the expiry date of the period fixed for dispatch provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and.where necessary,for their transit through another country.
B7.Notice to the seller
Whenever he is entitled to determine the time for dispatching the goods and/or the destination,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the transport document in accordance with A.8.if it is in conformity with the contract.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
Provide the seller,upon request,with the necessary information for procuring insurance.
DAF
DELIVERED AT FRONTIER
(…named place)
“Delivered at Frontier”means that the seller fulfils his obligation to deliver when the goods have been made available,cleared for export,at the named point and place at the frontier,but before the customs border of the adjoining country.The term“frontier”may be used for any frontier including that of the country of export.Therefore,it is of vital importance that the frontier in question be defined precisely by always naming the point and place in the term.The term is primarily intended to be used when goods are to be carried by rail or road,but it may be used for any mode of transport.
A.THE SELLER MUST
Al.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation or other document necessary for placing the goods at the buyer’s disposal.Carry out all customs formalities for the exportation of the goods to the named place of delivery at the frontier and,where necessary,for their prior transit through another country.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract at his own expense for the carriage of the goods by a usual route and in a customary manner to the named point at the place of delivery at the frontier(including,if necessary,for their transit through another country).
If a point at the named place of delivery at the frontier is not agreed or is not determined by practice,the seller may select the point at the named place of delivery which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer at the named place of delivery at the frontier on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·pay all costs of the goods until they have been delivered in accordance with A.4.as well as,in addition to costs resulting from A.3.a),the expenses of discharge operations(including lighterage and handling charges),if it is necessary or customary for the goods to be discharged on their arrival at the named place of delivery at the frontier,in order to place them at the buyer’s disposal;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes or other official charges payable upon exportation and,where necessary,for their transit through another country prior to delivery in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice of the dispatch of the goods to the named place at the frontier as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery.transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the usual document or other evidence of the delivery of the goods at the named place at the frontier.
Provide the buyer at the latter’s request,risk and expense,with a through document of transport normally obtained in the country of dispatch covering on usual terms the transport of the goods from the point of dispatch in that country to the place of final destination in the country of importation named by the buyer.
Where the seller and the buyer have agreed to communicated electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking -packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to deliver the goods of the contract description unpacked)which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances(e.g.modalities,destination)are made known to the seller before the contract of sale is concluded.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the importation of the goods and,where necessary,for their transit through another country.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities at the named point of delivery at the frontier or elsewhere for the importation of the goods and,where necessary,for their subsequent transport.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.division of costs
Pay all costs relating to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to take delivery of the goods when they have been placed at his disposal in accordance with A.4.,or to give notice in accordance with B.7.,bear all additional costs incurred thereby provided,however,that the goods have been appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods and,where necessary,for their subsequent transport.
B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the transport document and/or other evidence of delivery in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
If necessary,provide the seller at his request and the buyer’s risk and expense with exchange control authorisation,permits,other documents or certified copies thereof,or with the address of the final destination of the goods in the country of importation for the purpose of obtaining the through document of transport or any other document contemplated in A.8.
DES
DELIVERED EX SHIP
(…named port of destination)
“Ex Ship”means that the seller fulfils his obligation to deliver when the goods have been made available to the buyer on board the ship uncleared for import at the named port of destination.The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination.
This term can only be used for sea or inland waterway transport.
A.THE SELLER MUST
A1.Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorisation and carry out all customs formalities necessary for the exportation of the goods and,where necessary,for their transit through another country.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract at his own expense for the carriage of the goods by a usual route and in a customary manner to the named place at the named port of destination.If a point is not agreed or is not determined by practice,the seller may select the point at the named port of destination which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer on board the vessel at the usual unloading point in the named port of destination uncleared for import on the date or within the period stipulated,in such a way as to enable them to be removed from the vessel by unloading equipment appropriate to the nature of the goods.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·in addition to costs resulting from A.3.a),pay all costs relating to the goods until such time as they have been delivered in accordance with A.4.;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes or other official charges payable upon exportation and,where necessary,for their transit through another country prior to delivery in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice of the estimated time of arrival of the named vessel in accordance with A.4.as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the delivery order and/or the usual transport document(for example a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway documentor a multimodal transport document)to enable the buyer to take delivery of the goods.
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to deliver the goods of the contract description unpacked)which is required for the delivery of the goods.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request.risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the importation of the goods.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all custon formalities necessary for the importation of the goods.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they are placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal i accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods including unloading from the time they have been placed at his disposal in accordance with A.4.
Should he fail to take delivery of the goods when they have been palced at his disposal in accordance with A.4.,or to give notice in accordance with B.7.,bear all additional costs incurred thereby provided,however,that the goods have been appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods.
B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the delivery order or the transport document in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10.and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
DEQ
DELIVERED EX QUAY(DUTY PAID)
(…named port of destination)
“Delivered Ex Quay(duty paid)”means that the seller fulfils his obligation to deliver when he has made the goods available to the buyer on the quay(wharf)at the named port of destination,cleared for importation.The seller has to bear all risks and costs including duties,taxes and other charges of delivering the goods thereto.This term should not be used if the seller is unable directly or indirectly to obtain the import licence.
If the parties wish the buyer to clear the goods for importation and pay the duty the words“duty unpaid”should be used instead of“duty paid”.
If the parties wish to exclude from the seller’s obligations some of the costs payable upon importation of the goods(such as value added tax(VAT)),this should be made clear by adding words to this effect: “Delivered ex quay,VAT unpaid(...named port of destination)”.
This term can only be used for sea or inland waterway transport.
A.THE SELLER MUST
A1. Provision of goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export and import licence or other official authorisation and carry out all customs formalities for the exportation and importation of the goods and,where necessary,for their transit through another country.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract at his own expense for the carriage of the goods by a usual route and in a customary manner to the quay at the named port of destination.If a point is not agreed or is not determined by practice,the seller may select the point at the named port of destination which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer on the quay or wharf at the agreed port of destination and on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·in addition to costs resulting from A.3.a),pay all costs relating to the goods until such time as they are delivered in accordance with A.4.;
·pay the costs of customs formalities as well as all duties,taxes and other official charges payable upon exportation and importation of the goods,unless otherwise agreed and,where necessary,for their transit through another country prior to delivery in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice of the estimated time of arrival of the named vessel in accordance with A.4.,as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the delivery order and/or the usual transport document(for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document or a multimodal transport document)to enable him to take the goods and remove them from the quay.
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking -packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to deliver the goods of the contract description unpacked)which is required for the delivery of the goods.Packaging is to be marked appropriately.
A10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in B.10.and reimburse those incurred by the buyer in rendering his assistance therewith.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Render the seller at the latter’s request,risk and expense,every assistance in obtaining any import licence or other official authorisation necessary for the importation of the goods.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to take delivery of the goods when they have been placed at his disposal in accordance with A.4.,or to give notice in accordance with B.7.,bear all additional costs incurred thereby provided,however,that the goods have been appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the delivery order or transport document in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Render the seller,at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of importation which the seller may require for the purpose of placing the goods at the disposal of the buyer in accordance with these rules.
DDU
DELIVERED DUTY UNPAID
(…named place of destination)
“Delivered duty unpaid”means that the seller fulfils his obligation to deliver when the goods have been made available at the named place in the country of importation.The seller has to bear the costs and risks involved in bringing the goods thereto(excluding duties,taxes and other official charges payable upon importation as well as the costs and risks of carrying out customs formalities).The buyer has to pay any additional costs and to bear any risks caused by his failure to clear the goods for import in time.
If the parties wish the seller to carry out customs formalities and bear the costs and risks resulting therefrom.,this has to be made clear by adding words to this effect.
If the parties wish to include in the seller’s obligations some of the costs payable upon importation of the goods(such as value added tax(VAT)),this should be made clear by adding words to this effect:“Delivered duty unpaid.VAT paid,(...named palce of destination)”.
This term may be used irrespective of the mode of transport.
A.THE SELLER MUST
A1.Provision of the goods in conformity with the contract
Provide the goods and the commercial invoice,or its equivalent electronic message,in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export licence and other official authorisation and carry out all customs formalities for the exportation of the goods and,where necessary,for their transit through another country.
A3.Contract of carriage and insurance
a)Contract of carriage
Contract on usual terms at his own expense for the carriage of the goods by a usual route and in the customary manner to the agreed point at the named place of destination.If a point is not agreed or is not determined by practice,the seller may select the point at the named place of destination which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer in accordance with A.3.on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·in addition to costs resulting from A.3.a).pay all costs relating to the goods until such time as they have been delivered in accordance with A.4.;
·pay the costs of customs formalities necessary for exportation as well as all duties,taxes and other official charges payable upon exportation and,where necessary,for their transit through another country prior to delivery in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice of the dispatch of the goods as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide at his own expense the delivery order and/or the usual transport document(for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,an air waybill,a railway consignment note,a road consignment note,or a multimodal transport document)which buyer may require to take delivery of the goods.
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to deliver the goods of the contract description unpacked)which is required for the delivery of the goods.Packaging is to be marked appropriately.
A10.Other obligations
Render the buyer at the latter’s request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages(other than those mentioned in A.8.)issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the importation of the goods.
Provide the buyer,upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1.Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities necessary for the importation of the goods.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4.Should he fail to fulfil his obligations in accordance with B.2.,bear all additional risks of loss of or damage to the goods incurred thereby and should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division of costs
Pay all costs relating to the goods from the time they have been placed at his disposal at the named point of destination in accordance with A.4.
Should he fail to fulfil his obligations in accordance with B.2.,or to take delivery of the goods when they have been placed at his disposal in accordance with A.4.,or to give notice in accordance with B.7.,bear all additional costs incurred thereby provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
Pay all duties,taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods.
B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient noticc thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the appropriate delivery order or transport document in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other Obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith.
DDP
DELIVERED DUTY PAID
(…named place of destination)
“Delivered duty paid”means that the seller fulfils his obligation to deliver when the goods have been made available at the named place in the country of importation.The seller has to bear the risks and costs,including duties,taxes and other charges of delivering the goods thereto,cleared for importation.While the EXW term represents the minimum obligation for the seller,DDP represents the maximum obligation.
This term should not be used if the seller is unable directly or indirectly to obtain the import licence.
If the parties wish the buyer to clear the goods for importation and to pay the duty,the term DDU should be used.
If the parties wish to exclude from the seller’s obligations some of the costs payable upon importation of the goods(such as value added tax(VAT)),this should be made clear by adding words to this effect:“Delivered duty paid,VAT unpaid(...named place of destination)”.
This term may be used irrespective of the mode of transport.
A.THE SELLER MUST
A1.Provision of the goods in conformity with the contract
Provide the goods and the commercial invoice or its equivalent electronic message in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2.Licences,authorisations and formalities
Obtain at his own risk and expense any export and import licence and other official authorisation and carry out all customs formalities for the exportation and importation of the goods and,where necessary,for their transit through another country.
A3.Contract of carriage and insurance
a) Contract of carriage
Contract at his own expense for the carriage of the goods by a usual route and in a customary manner to the agreed point at the named place of destination.If a point is not agreed or is not determined by practice the seller may select the point at the named place of destination which best suits his purpose.
b)Contract of insurance
No obligation.
A4.Delivery
Place the goods at the disposal of the buyer in accordance with A.3.on the date or within the period stipulated.
A5.Transfer of risks
Subject to the provisions of B.5.,bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.
A6.Division of costs
Subject to the provisions of B.6.
·in addition to costs resulting from A.3.a),pay all costs relating to the goods until such time as they have been delivered in accordance with A.4.;
·pay the costs of customs formalities as well as all duties,taxes and other official charges payable upon exportation and importation of the goods,unless otherwise agreed and,where necessary,their transit through another country prior to delivery in accordance with A.4.
A7.Notice to the buyer
Give the buyer sufficient notice of the dispatch of the goods as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8.Proof of delivery,transport document or equivalent electronic message
Provide the buyer at the seller’s expense with the delivery order and/or the usual transport document(for example,a negotiable bill of lading,a non-negotiable sea waybill,an inland waterway document,an air waybill,a railway consignment note,a road consignment note,or a multimodal transport document)which the buyer may require to take the goods.
Where the seller and the buyer have agreed to communicate electronically,the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI)message.
A9.Checking-packaging-marking
Pay the costs of those checking operations(such as checking quality,measuring,weighing,counting)which are necessary for the purpose of delivering the goods in accordance with A.4.
Provide at his own expense packaging(unless it is usual for the particular trade to deliver the goods of the contract description unpacked)which is required for the delivery of the goods.Packaging is to be marked appropriately.
A10.Other obligations
Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in B.10.and reimburse those incurred by the buyer in rendering his assistance therewith.
Provide the buyer upon request,with the necessary information for procuring insurance.
B.THE BUYER MUST
B1. Payment of the price
Pay the price as provided in the contract of sale.
B2.Licences,authorisations and formalities
Render the seller at the latter’s request,risk and expense every assistance in obtaining any import licence and other official authorisation necessary for the importation of the goods.
B3.Contract of carriage
No obligation.
B4.Taking delivery
Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.
B5.Transfer of risks
Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to give notice in accordance with B.7.,bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided,however,that the goods have been duly appropriated to the contract,that is to say,clearly set aside or otherwise identified as the contract goods.
B6.Division costs
Pay all costs relating to the goods from the time they have been placed at his disposal in accordance with A.4.
Should he fail to take delivery of the goods when they have been placed at his dipsosal in accordance with A.4.,or to give notice in accordance with B.7.,bear all additional costs incurred thereby provided,however,that the goods have been appropriated to the contract,that is to say,clearly set aside or otherwise indentified as the contract goods.B7.Notice to the seller
Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery,give the seller sufficient notice thereof.
B8.Proof of delivery,transport document or equivalent electronic message
Accept the appropriate delivery order or transport document in accordance with A.8.
B9.Inspection of goods
Pay,unless otherwise agreed,the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.
B10.Other obligations
Render the seller,at his request,risk and expense,every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of importation which the seller may require for the purpose of placing the goods at the disposal of the buyer in accordance with these rules.