Inco Term Case Study

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INCO TERM CASE STUDY.

A company manufactures large tanks at its production site in Germany and sells them to
a customer in Switzerland. The buyer and seller have agreed "CPT Zürich
Incoterms® 2010" as delivery conditions. The company employs a service provider to
transport the tanks to Switzerland. During transportation the tanks are damaged and the
customer refuses to accept them. He demands the delivery of new tanks.

Is responsibility for the damage to the tanks to be borne by the buyer or seller? Can the
buyer refuse to pay for the goods or is he bound to pay the sale price despite the
damage? Has the seller discharged his obligation to deliver the goods?

ANSWER:

The interpretation of Incoterms® is straightforward: in the case of supplies made CPT


the seller is responsible for arranging transportation and bears the related costs.
However, the risk of losing the goods is borne by the buyer as from the contractual
place of delivery. Therefore, if it cannot be determined who was liable for the damage to
the goods, the buyer is responsible for the damage due to the early transfer of risk.
Therefore, the customer cannot demand that the company supply new tanks.

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