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Incoterms 2020 are divided into 4 groups (C, D, E, F). Regulations are classified according to fees, risks, procedural responsibilities as well as issues related to import and export.
Incoterms 2020
In group C (Pay main shipping fee), the seller enters into a shipping contract with the forwarder and bears the costs. In this case, the seller is responsible for completing export customs clearance procedures. Risk is transferred at the time of dispatch to the buyer. All problems arising after loading costs related to shipping and other events are the responsibility of the buyer. Group C includes the following Incoterms rules: CFR, CIF, CPT and CIP.
Group D (To) assumes that the seller is obliged to deliver the goods to a specific location or port of destination. This group includes Incoterms terms such as DAP, DPU and DDP.
In group E (Departure), the seller delivers the goods to the buyer at the delivery location specified by the seller. The seller is under no obligation to clear customs or export customs clearance and bears no risk or loading costs. In group E there are only Incoterms EXW.
Group F (Main Freight Unpaid) requires the seller to complete export customs procedures. Seller does not pay shipping and insurance costs. FCA, FAS and FOB belong to this group.
All rules in incotems 2020
EXW – Ex Works
Ex Works means the seller delivers the goods to the buyer:
For delivery to take place, the seller does not need to load the goods on any collection vehicle nor does he need to clear the goods for export, if such clearance is applicable.
This rule may be used regardless of the mode or method of transportation, if any, chosen.
The parties only need to name the delivery location. However, the parties should also identify as clearly as possible the exact location at the named place of delivery. The exact delivery point specified will help both parties clearly understand when the goods are delivered and when risk passes to the buyer; Such precision also marks the point at which the buyer must bear the cost. If the parties do not clearly state the delivery location, it is considered to be for the seller to choose the location "best suited for his purpose". This means that the buyer is exposed to the risk that the seller may choose a point just before the time the goods are lost or damaged. Therefore, it is best for buyers to choose the exact point where the goods will be delivered.
EXW is the Incoterms rule that imposes the least obligations on the seller. Therefore, from the buyer's perspective, this rule should be used with caution for various reasons as outlined below.
In Incoterms 2020 EXW, delivery takes place and risk passes when the goods are placed, unshipped, at the disposal of the buyer. However, the risk of loss or damage to the goods occurring during loading by the seller, may be said to lie with the buyer, who does not actually participate in loading. Given this possibility, it is best that when the seller loads the goods, the parties should agree in advance who will bear the risk of any loss or damage to the goods during loading. This is a common situation simply because the seller is more likely to have the necessary loading equipment on its premises or because applicable safety or security rules prevent unauthorized persons from right to enter the seller's premises.
The seller is not obliged to organize export customs clearance within the third country through which the goods pass through. Indeed, EXW may be suitable for domestic trade where there is no intention to export goods. The seller's participation in export clearance procedures is limited to providing assistance in obtaining such documents and information as the buyer may require for the purpose of exporting the goods. In cases where the buyer intends to export the goods and anticipates difficulties in clearing the export, it is better for the buyer to choose the FCA rule, according to which the obligation and costs of export clearance fall on seller.
Seller bears costs:
Buyer bears the costs:
The buyer's obligations are described below:
FCA – Free service provider
Free shipper (designated location) means the seller delivers the item to the buyer in one of two ways.
1. Firstly:
2. Secondly:
Whichever of the two places is chosen as the place of delivery, that place will determine where the risk passes to the buyer and when the costs will be charged to the buyer's account.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
A sale transaction under Incoterms 2020 FCA may be concluded only naming the place of delivery, at the seller's premises or otherwise, without specifying the exact point of delivery at that named place. However, the parties should also identify as clearly as possible the exact location at the named place of delivery. The exact delivery point specified will help both parties clearly understand when the goods are delivered and when risk passes to the buyer; Such precision also marks the point at which the buyer must bear the cost. However, when the exact score is not determined, this can cause problems for the buyer. The seller for this reason has the right to choose the point “best suited for his purposes”: it becomes the point of delivery, from which risks and costs are transferred to the buyer. If the exact place of delivery is not determined by naming in the contract, the parties are deemed to leave it to the seller to choose the place “best suited to his purposes”. This means that the buyer is exposed to the risk that the seller may choose a point just before the time the goods are lost or damaged. Therefore, it is best for buyers to choose the exact point where the goods will be delivered.
Incoterms 2020 FCA requires the seller to clear customs for exported goods, if any. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import customs formalities.
In Incoterms 2020 FCA, it is now uncommon for goods to be received by the buyer's trucking carrier in Las Vegas to expect a bill of lading. there is an on-board note issued by the carrier from Las Vegas, this is not a port and the vessel cannot access it to load the goods on board. However, FCA Las Vegas sellers sometimes find themselves in situations where they need a bill of lading with an on board notation (usually due to a bank collection request or a letter of credit request), even though it is necessary to clearly state that the goods have been shipped. placed on board in Los Angeles as well as stating that they were picked up for transportation in Las Vegas. To accommodate the possibility of FCA sellers needing a bill of lading with an on-board notation, FCA Incoterms 2020 has provided for the first time the following optional mechanism. If the parties have such an agreement in the contract, the buyer must instruct his carrier to issue a bill of lading with a note on board the goods to the seller. Of course, the carrier may or may not accept the buyer's request, since the carrier is only bound and authorized to issue such a bill of lading once the goods have been loaded on board the vessel in Los Angeles. However, if and when a bill of lading is issued by the carrier to the seller at the buyer's expense and risk, the seller must provide that document to the buyer, who will need the bill of lading to be discharged. from the carrier. This optional mechanism becomes unnecessary, of course, if the parties have agreed that the seller will present to the buyer a bill of lading stating that the seller will present to the buyer a bill of lading stating that the goods are The goods have been received for transport, not that they have been loaded on board the vessel. Furthermore, it should be emphasized that even where this optional mechanism applies, the seller has no obligation whatsoever to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit. The seller has no obligations to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit. The seller has no obligations to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit.
When using Incoterms 2020 FCA, the seller bears the costs of:
The main obligations of the seller are presented below:
On the other hand, the buyer must bear the costs of:
The buyer's obligations are set out below:
CPT – Freight paid to
Freight paid to means the seller delivers the goods – and transfers the risk – to the buyer:
Once the goods have been delivered to the buyer in this way, the seller makes no warranty that the goods will arrive at destination in good condition, in the quantity stated, or indeed at all. This is because risk is transferred from the seller to the buyer when the goods are delivered to the buyer by handing them over to the carrier; However, the seller must contract to transport the goods from the place of delivery to the agreed location. Thus, for example, goods are delivered to a carrier in Las Vegas (not a port) for transport to Southampton (a port) or to Winchester (not a port). In both cases, the risk of delivery to the buyer occurs in Las Vegas and the seller must contract for shipment to Southampton or Winchester.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
In Incoterms 2020 CPT, two places are important: the place or point (if any) where the goods are to be delivered (to transfer risk) and the place or point agreed to be the destination of the goods (which is the point at which goods arrive). The seller promises to sign a shipping contract).
The parties should clearly identify both locations or points within those locations as precisely as possible in the sales contract. Determining the location or point (if any) of delivery as accurately as possible is important to cater for the common situation where multiple carriers are involved, each for different stages of the process. transportation from delivery to destination. Where this occurs and the parties have not agreed on a specific place or point of delivery, the default is to pass the risk when the goods are delivered to the first carrier at a place entirely due to The seller chooses and the buyer has no choice. control. If the parties wish to transfer risk at a later stage (e.g. at a seaport, river port or at an airport), or indeed earlier (e.g. an inland point remote from a seaport or river port),
The parties should also specify in the contract of sale as precisely as possible the point at the agreed destination, since this is the point at which the seller must contract for carriage and this is the point to which the costs of carriage to which are taken into account. Shipping falls on the seller.
If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed between the seller and the buyer. parties.
Incoterms 2020 CPT requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear import or transit through third countries or pay any import taxes or carry out any import customs formalities.
Using Incoterms 2020 CPT requires:
The main obligations of the seller are presented below:
The seller is not obliged to make a contract of insurance but must provide information for this purpose at the request of the buyer.
Buyer gets:
The buyer's obligations are set out below:
But it should be remembered that the buyer is not obliged to draw up a contract of carriage.
Nor is he obliged to make an insurance contract.
CIP – Shipping and insurance paid to
Freight and insurance paid to means the seller delivers the goods – and transfers the risk – to the buyer:
Once the goods have been delivered to the buyer in this way, the seller makes no warranty that the goods will arrive at destination in good condition, in the quantity stated, or indeed at all. This is because risk is transferred from the seller to the buyer when the goods are delivered to the buyer by handing them over to the carrier; However, the seller must contract to transport the goods from the place of delivery to the agreed location. Thus, for example, goods are delivered to a carrier in Las Vegas (not a port) for transport to Southampton (a port) or to Winchester (not a port). In both cases, the risk of delivery to the buyer occurs in Las Vegas and the seller must contract for shipment to Southampton or Winchester.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
In Incoterms 2020 CIP, two places are important: the place or point of delivery (for the transfer of risk) and the place or point agreed as the destination of the goods (which is the point at which the seller promises to contract Purchase). car).
The seller must also contract insurance against the buyer's risk of loss or damage to the goods from the point of delivery to at least the destination. This can cause difficulties where the destination country requires local insurance to be purchased: in this case the parties should consider buying and selling under CPT Incoterms 2020 rules, the seller must have extensive compliant insurance Institute Goods Clauses or similar clause, instead compared to the more limited coverage under the Institute Goods Clauses. However, it is still possible for the parties to agree on a lower insurance level.
The parties should identify both locations or indicate them as precisely as possible in the sales contract. Determining the delivery location or point (if any) as accurately as possible is important to cater for the common situation where multiple carriers are involved, each transporting different segments from one carrier to another. delivery to destination. Where this occurs and the parties have not agreed on a specific place or point of delivery, the default is to pass the risk when the goods are delivered to the first carrier at a place entirely due to The seller chooses and the buyer has no choice. control. If the parties wish to transfer risk at a later stage (e.g. at a seaport, river port or at an airport), or indeed earlier (e.g. an inland point remote from a seaport or river port),
The parties should also specify as precisely as possible in the contract of sale the place at the agreed destination, as this is the point at which the seller must contract for carriage and insurance and this is the point at which costs will be charged. pay. Shipping and insurance belong to the seller.
If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed between the seller and the buyer. parties.
Incoterms 2020 CIP requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear import or transit through third countries or pay any import taxes or carry out any import customs formalities.
When using CIP Incoterms the seller is responsible for:
The seller's obligations are presented below:
On the other hand, the buyer bears:
The buyer's obligations are set out below:
DAP – Delivery to your door
Delivery at location means the seller delivers the goods – and passes the risk – to the buyer:
The seller bears all risks involved in bringing the goods to the named place of destination or to the agreed point at that place. Therefore, in these Incoterms rules, delivery and arrival at destination are the same.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at that point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs. go out. Second, the costs before that place or delivery point/destination are borne by the seller and the costs after that place or delivery point are borne by the buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller will be in breach of his obligations under the DAP rules of Incoterms and will be liable to the buyer for any subsequent losses. So for example,
The seller does not have to unload the goods from the arriving means of transport. However, if the seller incurs costs under the contract of carriage in connection with unloading the goods at the place of delivery/destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. other agreements between the parties.
Incoterms 2020 DAP requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear post-delivery import or transit customs clearance of imported or post-delivery goods through third countries, pay any import duties or carry out customs duties. perform any import customs formalities. Therefore, if the buyer does not organize import customs clearance, the goods will be stuck at the port or inland wharf in the destination country. Who bears the risk of any loss that may occur while the goods are detained at the port of entry in the destination country? The answer is that the buyer, delivery of which will not have yet taken place, ensures that the risk of loss or damage to the goods will lie with the buyer until carriage to a named inland point can be made. be continued. If this situation is to be avoided,
When using DAP Incoterms 2020, sellers get:
The seller's obligations are presented below:
Buyer loses:
The buyer's obligations are set out below:
DPU – Delivered at place of unloading
Delivery at the point of discharge means that the seller delivers the goods – and passes the risk – to the buyer:
The seller bears all risks involved in bringing the goods to and unloading them at the named place of destination. Therefore, in these Incoterms rules, delivery and arrival at destination are the same. DPU is the only Incoterms rule that requires the seller to unload the goods at the place of destination. Therefore, the seller must ensure that he can organize unloading at the designated location. If the parties wish for the seller not to bear the risks and costs of unloading then the DPU rule should be avoided and DAP should be used instead.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at the point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs . Second, the costs before that place or delivery point/destination are borne by the seller and the costs after that place or delivery point are borne by the buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller will be in breach of his obligations under this rule and will be liable to the buyer for any subsequent losses. For example, the seller will
Incoterms 2020 DPU requires the seller to clear customs for exported goods, if any. However, the seller is under no obligation to clear import customs or post-delivery transit through a third country, pay any import taxes or carry out any import customs formalities. Therefore, if the buyer does not organize import customs clearance, the goods will be stuck at the port or inland wharf in the destination country. Who bears the risk of any loss that may occur while the goods are detained at the port of entry in the destination country? The answer is the buyer: delivery will not yet take place, ensuring that the risk of loss or damage to the goods will lie with the buyer until carriage to a named inland point can be made. be continued. If, in order to avoid this situation, the parties intend that the seller clear customs for import of the goods,
When using DPU Incoterms 2020, the seller is responsible for:
The main obligations of the seller are presented below:
Buyer bears:
The buyer's obligations are set out below:
DDP – Delivered Duty Paid
Delivering duty paid means the seller delivers the goods to the buyer:
The seller bears all risks involved in bringing the goods to the named place of destination or to the agreed point at that place. Therefore, in these Incoterms rules, delivery and arrival at destination are the same.
This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.
Incoterms 2020 DDP, with delivery taking place at destination and the seller responsible for payment of import duties and applicable taxes, is the Incoterms rule that imposes on the seller the maximum liability of all 11 rules. Incoterms rules.
The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at that point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs. go out. Second, costs before that place or point of delivery/destination are borne by the seller, including import customs clearance costs and costs after that place or point of delivery, which are not import costs. export, borne by the seller. buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller is in breach of his obligations under the DDP rule of Incoterms and will be liable to the buyer for any subsequent loss. So, for example, the seller will be responsible for any additional costs the mover charges the buyer for any additional shipping costs.
If the PDD seller incurs costs under the contract of carriage in connection with unloading the goods at the place of delivery/destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. between parties.
DDP requires the seller to clear the goods for export, if applicable, as well as for import and pay any import duties or carry out any customs formalities. Therefore, if the seller cannot complete import customs clearance procedures and wants to assign it to the buyer in the import customs clearance country, then assign it to the buyer. There may be tax implications which may not be recoverable from the buyer.
When using DDP Incoterms 2020, the seller will:
The main obligations of the seller are presented below:
Buyer gets:
The buyer's obligations are set out below:
But:
The buyer is not obliged to conclude an insurance contract but must provide the seller (at his request) with the necessary information to purchase insurance.