International Freight Forwarding / Custom House Broker
Incoterms Definitions
EXW (... named place) / EX WORKS
"Ex works" means that the seller delivers when he places the goods
at the disposal of the buyer at the seller's premises or another named place
(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded
on any collecting vehicle.
This term thus represents the minimum obligation for the seller, and the
buyer has to bear all costs and risks involved in taking the goods from
the sellers' premises.
However, if the parties wish the seller to be responsible for the loading
of the goods on departure and to bear the risks and all the costs of such
loading, this should be made clear by adding explicit wording to this effect
in the contract of sale. This term should not be used when the buyer cannot
carry out the export formalities directly or indirectly. In such circumstances,
the FCA term should be used, provided the seller agrees that he will load
at his cost and risk.
FCA (... named place) / FREE CARRIER
"Free Carrier" means that the seller delivers the goods, cleared
for export, to the carrier nominated by the buyer at the named place. It
should be noted that the chosen place of delivery has an impact on the obligations
of loading the goods at that place. If delivery occurs at the seller's premises,
the seller is responsible for loading. If delivery occurs at any other place,
the seller is not responsible for unloading.
This term may be used irrespective of the 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 transport by rail, road, air,
sea, inland waterway or by a combination of such modes.
If the buyer nominates a person other than a carrier to receive the goods,
the seller is deemed to have fulfilled his obligation to deliver the goods
when they are delivered to that person.
FAS (... named port of shipment) / FREE ALONGSIDE SHIP
"Free Alongside Ship" means that the seller delivers when the
goods are placed alongside the vessel 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 seller to clear for export.
THIS IS A REVERSAL FROM PREVIOUS INCOTERMS VERSIONS WHICH REQUIRED THE BUYER
TO ARRANGE FOR EXPORT CLEARANCE.
However, if the parties wish the buyer to clear the goods for export, this
should be made clear by adding explicit wording to this effect in the contract
of sale.
This term can be used only for sea or inland waterway transport.
FOB (... named port of shipment) / FREE ON BOARD
"Free on Board" means that the seller delivers when the goods
pass 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 be used only for sea or inland waterway transport.
If the parties do not intend to deliver the goods across the ship's rail,
the FCA term should be used.
CFR (... named port of destination) / COST AND FREIGHT
"Cost and Freight" means that the seller delivers when the goods
pass the ship's rail in the port of shipment.
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 of
delivery, are transferred from the seller to the buyer.
The CFR term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the
parties do not intend to deliver the goods across the ship's rail, the CPT
term should be used.
CIF (... named port of destination) / COST, INSURANCE AND FREIGHT
"Cost, Insurance and Freight" means that the seller delivers when
the goods pass the ship's rail in the port of shipment.
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 of
delivery, are transferred from the seller to the buyer. However, in CIF
the seller also has to procure marine insurance against the buyer's risk
of loss of or damage to the goods during the carriage.
Consequently, 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 cover. Should the buyer wish to
have the protection of greater cover, he would either need to agree as much
expressly with the seller or to make his own extra insurance arrangements
The CIF term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the
parties do not intend to deliver the goods across the ship's rail, the CIP
term should be used.
CPT (... named place of destination) / CARRIAGE PAID TO
"Carriage paid to.." means that the seller delivers the goods
to the carrier nominated by him but the seller must in addition pay the
cost of carriage necessary to bring the goods to the named destination.
This means that the buyer bears all risks and any other costs occurring
after the goods have been so delivered.
"Carrier" means any person who, in a contract of carriage, undertakes
to perform or to procure the performance of transport, by rail, road, air,
sea, 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 irrespective of the mode of transport including multimodal
transport.
CIP (... named place of destination) / CARRIAGE AND INSURANCE PAID TO
"Carriage and Insurance paid to..." means that the seller delivers
the goods to the carrier nominated by him, but the seller must in addition
pay the cost of carriage necessary to bring the goods to the named destination.
This means that the buyer bears all risks and additional costs occurring
after the goods have been so delivered. However, in CIP the seller also
has to procure insurance against the buyer's risk of loss of or damage to
the goods during the carriage.
Consequently, 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 only on minimum cover. Should the buyer wish to have
the protection of greater cover, he would either need to agree as much expressly
with the seller or to make his own extra insurance arrangements.
"Carrier" means any person who, in a contract of carriage, undertakes
to perform or to procure the performance of transport, by rail, road, air,
sea, 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 CIP term requires the seller to clear the goods for export.
This term may be used irrespective of the mode of transport, including multimodal
transport.
DAF (... named place) / DELIVERED AT FRONTIER
"Delivered at Frontier" means that the seller delivers when the
goods are placed at the disposal of the buyer on the arriving means of transport
not unloaded, cleared for export, but not cleared for import 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.
However, if the parties wish the seller to be responsible for the unloading
of the goods from the arriving means of transport and to bear the risks
and costs of unloading, this should be made clear by adding explicit wording
to this effect in the contract of sale.
This term may be used irrespective of the mode of transport when goods are
to be delivered at a land frontier. When delivery is to take place in the
port of destination, on board a vessel or on the quay (wharf), the DES or
DEQ terms should be used.
DES (... named port of destination) / DELIVERED EX SHIP
"Delivered Ex Ship" means that the seller delivers when the goods
are placed at the disposal of the buyer on board the ship not cleared 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
before discharging the goods, If the parties wish the seller to bear the
costs and risks of discharging the goods, then the DEQ term should be used.
This term can be used only when the goods are to be delivered by sea or
inland waterway or multimodal transport on a vessel in the port of destination
DEQ (... named port of destination) / DELIVERED EX QUAY
"Delivered Ex Quay" means that the seller delivers when the goods
are placed at the disposal of the buyer not cleared for import on the quay
(wharf) at the named port of destination. The seller has to bear costs and
risks involved in bringing the goods to the named port of destination and
discharging the goods on the quay (wharf). The DEQ term requires the buyer
to clear the goods for import and to pay for all formalities, duties, taxes
and other charges upon import.
THIS IS A REVERSAL FROM PREVIOUS INCOTERMS VERSIONS WHICH REQUIRED THE SELLER
TO ARRANGE FOR IMPORT CLEARANCE.
If the parties wish to include in the seller's obligations all or part of
the costs payable upon import of the goods, this should be made clear by
adding explicit wording to this effect in the contract of sale.
This term can only be used when the goods are to be delivered by sea or
inland waterway or multimodal transport on discharging from a vessel onto
the quay (wharf) in the port of destination. However, if the parties wish
to include in the seller's obligations the risks and costs of the handling
of the goods from the quay to another place (warehouse, terminal, transport
station, etc.) in or outside the port, the DDU or DDP terms should be used.
DDU (... named place of destination) / DELIVERED DUTY UNPAID
"Delivered duty unpaid" means that the seller delivers the goods
to the buyer, not cleared for import, and not unloaded from any arriving
means of transport at the named place of destination. The seller has to
bear the costs and risks involved in bringing the goods thereto other than,
where applicable, any "duty" (which term includes the responsibility
for and the risks of the carrying out of customs formalities, and the payment
of formalities, customs duties, taxes and other charges) for import in the
country of destination. Such "duty" has to be borne by the buyer
as well as any costs and risks caused by his failure to clear the goods
for import in time.
However, if the parties wish the seller to carry out customs formalities
and bear the costs and risks resulting therefrom as well as some of the
costs payable upon import of the goods, this should be made clear by adding
explicit wording to this effect in the contract of sale.
This term may be used irrespective of the mode of transport but when delivery
is to take place in the port of destination on board the vessel or on the
(wharf), the DES or DEQ terms should be used.
DDP (... named place of destination) / DELIVERED DUTY PAID
"Delivered duty paid" means that the seller delivers the goods
to the buyer, cleared for import, and not unloaded from any arriving means
of transport at the named place of destination. The seller has to bear all
the costs and risks involved in bringing the goods thereto including, where
applicable, any "duty" (which term includes the responsibility
for and the risks of the carrying out of customs formalities and the payment
of formalities, customs duties, taxes and other charges) for import in the
country of destination.
Whilst 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 license.
However, if the parties wish to exclude from the seller's obligations some
of the costs payable upon import of the goods (such as value-added tax:
VAT), this should be made clear by adding explicit wording to this effect
in the contract of sale.
If the parties wish the buyer to bear all risks and costs of the import,
the DDU term should be used.
This term may be used irrespective of the mode of transport but when delivery
is to take place in the port of destination on board the vessel or on the
quay (wharf), the DES or DEQ terms should be used.