International Chamber of Commerce International Commercial Law Commercial Transactions Procurement

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The Incoterms or International Commercial Terms are a series of pre-defined commercial terms

published by the International Chamber of Commerce (ICC) relating to international commercial


law. They are widely used in international commercial transactions or procurement processes and
their use is encouraged by trade councils, courts and international lawyers.[1] A series of three-letter
trade terms related to common contractual sales practices, the Incoterms rules are intended
primarily to clearly communicate the tasks, costs, and risks associated with the global or
international transportation and delivery of goods. Incoterms inform sales contracts defining
respective obligations, costs, and risks involved in the delivery of goods from the seller to the
buyer, but they do not themselves conclude a contract, determine the price payable, currency or
credit terms, govern contract law or define where title to goods transfers.
The Incoterms rules are accepted by governments, legal authorities, and practitioners worldwide for
the interpretation of most commonly used terms in international trade. They are intended to reduce
or remove altogether uncertainties arising from different interpretation of the rules in different
countries. As such they are regularly incorporated into sales contracts[2] worldwide.
"Incoterms" is a registered trademark of the ICC.
The first work published by the ICC on international trade terms was issued in 1923, with the first
edition known as Incoterms published in 1936. The Incoterms rules were amended in 1953,[3] 1967,
1976, 1980, 1990, and 2000, with the eighth version— Incoterms 2010[4] — having been published
on January 1, 2011. The ICC have begun consultations on a new revision of Incoterms, to be
called Incoterms 2020; the new Incoterms are expected to appear in the last quarter of 2019 to enter
into force at the beginning of 2020.[5]
Incoterms 1990 - International Commercial TERMS
Four basic groups
Incoterms 1990 are divided into four basic groups.
Trade Terms defined by Incoterms:
E-terms
Group E: Departure term. Where the seller makes the goods available to the buyer at the
seller's own premises, (EXW).
EXW - Ex Works
F-terms
Group F: Shipment terms - Main carriage unpaid. Where the seller is called on to deliver the
goods to a carrier named by the buyer, (FCA, FAS and FOB). These are shipment contracts
with the shipment point named, and carriage unpaid by the seller.
FCA - Free Carrier
FAS - Free Alongside Ship
FOB - Free On Board
C-terms
Group C: Shipment terms - Main carriage paid. Where the seller has to contract for carriage,
but without assuming the risk of loss of or damage to the goods or additional costs due to
events occurring after shipment and dispatch, (CFR, CIF, CPT and CIP). These are shipment
contracts with the destination point named, and carriage paid by the seller. There are two
critical division points, one for the division of costs, the other for the division of risk. Costs
being assumed by the seller until the destination point; risk being transferred to the buyer at the
point of shipment. CIF and CIP are the only Incoterms related directly to insurance cover. In
these the seller arranges the contract of carriage and payment of freight and is regarded as
being in a better position than the buyer to arrange insurance.
CFR - Cost and Freight
CIF - Cost, Insurance and Freight
CPT - Carriage Paid To
CIP - Carriage and Insurance Paid To
D-terms
Group D: Arrival Terms. Where the seller has to bear all costs and risk needed to bring the
goods to the country of destination, (DAF, DES, DEQ, DDU and DDP). These are arrival
contracts.
DAF - Delivered At Frontier
DES - Delivered Ex Ship
DEQ - Delivered Ex Quay
DDU - Delivered Duty Unpaid
DDP - Delivered Duty Paid
Incoterms 1990, "mirrored" correlative obligations of buyer and seller. Grouped under
the following 10 heads.
Under Incoterms 1990 all obligations related to a given trade term are grouped under 10
headings, with the obligations for the seller and buyer under each heading stated and mirrored
with respect to the same subject matter.
28
A The Seller Must B The Buyer Must
A1 Provision of Goods in Conformity with the B1 Payment of the Price
Contract
A2 Licences, Authorisations and Formalities B2 Licences, Authorisations and Formalities
A3 Contract of Carriage and Insurance (a) B3 Contract of Carriage
Contract of carriage (b) Contract of
insurance
A4 Delivery B4 Taking Delivery
A5 Transfer of Risks B5 Transfer of Risks
A6 Division of Costs B6 Division of Costs
A7 Notice to the Buyer B7 Notice to the Seller
A8 Proof of Delivery, Transport Document or B8 Proof of Delivery, Transport Document or
Equivalent Electronic Message Equivalent Electronic Message
A9 Checking - Packaging - Marking B9 Inspection of Goods
A10 Other Obligations B10 Other Obligations

The 13 Incoterms
The 13 terms are grouped into four basic different categories:
Group E: Departure term. 
Where the seller makes the goods available to the buyer at the seller's own premises, (EXW).
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 term 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.
Group F: Shipment terms - Main carriage unpaid. 
Where the seller is called on to deliver the goods to a carrier named by the buyer,
(FCA, FAS and FOB). These are shipment contracts with the shipment point named, and
carriage unpaid by the seller.
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, road, 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 multi-purpose 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.
Under Incoterms 1990 all obligations related to a given trade term are grouped under 10
headings, with the obligations for the seller and buyer under each heading stated and mirrored
with respect to the same subject matter.
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.
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.
Group C: Shipment terms - Main carriage paid. 
Where the seller has to contract for carriage, but without assuming the risk of loss of or
damage to the goods or additional costs due to events occurring after shipment and dispatch,
(CFR, CIF, CPT and CIP). These are shipment contracts with the destination point named,
and carriage paid by the seller. There are two critical division points, one for the division of
costs, the other for the division of risk. Costs being assumed by the seller until the destination
point; risk being transferred to the buyer at the point of shipment. CIF and CIP are the only
Incoterms related directly to insurance cover. In these the seller arranges the contract of
carriage and payment of freight and is regarded as being in a better position than the buyer to
arrange insurance.
CFR - COST AND FREIGHT (... named port of destination)
"Cost and Freight" 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.
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.
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 perform 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.
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.
Group D: Arrival Terms. 
Where the seller has to bear all costs and risk needed to bring the goods to the country of
destination, (DAF, DES, DEQ, DDU and DDP). These are arrival contracts.
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.
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.
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.
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 place of destination) ,
This term may be used irrespective of the mode of transport.
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. Whilst the 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.

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