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Incoterms
are internationally accepted commercial terms, developed in 1936 by the
International Chamber of Commerce (ICC) in Paris. Incoterms 2000 define the
respective roles of the buyer and seller in the agreement of transportation and
other responsibilities and clarify when the ownership of the merchandise takes
place. These terms are incorporated into export-import sales agreements and
contracts worldwide and are a necessary part of foreign trade.
Incoterms are used in union with a sales agreement or other methods of sales
transactions and define the responsibilities and obligations of both, the
exporter and importer in Foreign Trade Transactions.
The main objectives of Incoterms 2000 revolve around the contract of Foreign
Trade concerned with the loading, transport, insurance and delivery
transactions. Its main function is the distribution of goods and regulation of
transport charges.
Another significant role played by Incoterms is to identify and define the
place of transfer and the transport risks involved in order to justify the
ownership for support and damage of goods by shipments sent by the seller or
the buyer in an event of execution of transport.
Incoterms make international trade easier and help traders in different
countries to understand one another. These International Commercial Terms are
the most widely used international contracts protected by the ICC copyright.
Incoterms safeguard the following issues in the Foreign Trade contract or
International Trade Contract:
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To
determine the critical point of the transfer of the risks of the seller to the
buyer in the process forwarding of the goods (risks of loss, deterioration,
robbery of the goods) allow the person who supports these risks to make
arrangements in particular in term of insurance.
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To specify
who is going to subscribe the contract of carriage that is to say the seller
(exporter) or the buyer (importer).
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To
distribute between the seller and the buyer the logistic and administrative
expenses at the various stages of the process.
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It is
important to define who is responsible for packaging, marking, operations of
handling, loading and unloading, inspection of the goods.
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Need To
confirm and fix respective obligations for the achievement of the formalities
of exportation and importation, the payment of the rights and taxes of
importation as well as the sending of the documents. In dealing Foreign Trade
there are 13 Incoterms globally adopted by the International Chamber of
Commerce.
INTERNATIONAL
INCOTERMS
Incoterms
or International commercial terms make trade between different countries
easier. International Commercial Terms are a series of international trade
terms that are used are used worldwide to divide he transaction costs and
responsibilities between the seller and the buyer and reflect state-of-the-art
transportation practices.
Incoterms directly deal with the questions related to the delivery of the
products from the seller to the buyer. This includes the carriage of products,
export and import responsibilities, who pays for what and who has the risk for
the condition of the products at different locations within the transport
process.
Incoterms and world customs Incoterms deal with the various trade transactions
all over the world and clearly distinguish between the respective
responsibilities of the seller and the buyers.
The 13 International Incoterms are:
Departure of goods by international transport with the risks and dangers to the
Seller (Exporter) and Buyers (Importers)
Title
and risk pass to buyer including payment of all transportation and insurance
cost from the seller's door. Used for any mode of transportation.
Seller : In EXW shipment terms the Seller (Exporter) provides the goods for
collection by the Buyer (Importer) on the seller or exporter's promise.
Responsibility for the seller is to put the goods, in a good package which is
adaptable and disposable by the transport.
Buyer : The buyer or Importer arranges insurance for damage transit goods. The
Buyer or importer has to bear all costs and risks involved in shipment
transactions.
(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. )
"FCA"-
Free Carrier named point: Title and risk pass to buyer including transportation
and insurance cost when the seller delivers goods cleared for export to the
carrier. Seller is obligated to load the goods on the Buyer's collecting
vehicle; it is the Buyer's obligation to receive the Seller's arriving vehicle
unloaded.
Seller : The Seller’s responsibility is to deliver the goods into the custody
of the transporters at defined points. It is important for the chosen place of
delivery to have an impact on the obligations of loading and unloading the
goods.
Buyer : The Buyer nominates the means of transport or shipping mode and pays
the shipment charges.
The seller and the buyer agree upon the place for delivery of goods. If the
buyer nominates a person other than a carrier or transporter to receive the
goods, the seller is deemed to fulfill his obligation to deliver the goods when
they are delivered to that person.
FAS-
Free Alongside ship: Title and risk pass to buyer including payment of all
transportation and insurance cost once delivered alongside ship by the seller.
Used for sea or inland waterway transportation. The export clearance obligation
rests with the seller.
In FAS has price includes all the costs incurred in delivering the goods
alongside the vessel at the port or nominated place of the buyer but there is
not applicable charges to the seller for loading the goods on board of vessel
and no ocean freight charges and marine insurance.
Seller: The responsibility of the seller are fulfilled when the goods are
placed cleared along the ship.
Buyer: Buyer or Importer bear all the expenses and risks of loss or damage of
transit goods which are delivered along the ship.
The
FOB (Free on Board) price is inclusive of Ex-Works price, packing charges,
transportation charges upto the place of shipment., Seller also responsible for
o clear customs dues, quality inspection charges, weight measurement charges
and other export related dues. It is important that the shipment term in the
Bill of Lading must carry the wording "Shipped on Board' it must bear with
signature of transporter or carrier or his authorized representative with the
date on which goods were "Boarded".
Seller :Seller responsible for clear customs dues, quality inspection charges,
weight measurement charges and other export related dues. It is important that
the shipment term in the Bill of Lading must carry the wording "Shipped on
Board' it must bear with signature of transporter or carrier or his authorized
representative with the date on which goods were "Boarded".
Buyer : The buyer indicates the ship and pays freight, transfer expenses and
risks is done when the goods passes or forwarding to the buyers warehouse by
rail or ship.
In
this term the exporter bears the cost of carriage or transport to the selected
destination port, in this term the risk transferable to the buyers at the port
of shipment.
Seller: The chooses the carrier, concludes and bears the expenses by paying
freight to the agreed port of destination, unloading not included. The loading
of the duty-paid goods on the ship falls on him as well as the formalities of
forwarding. On the other hand, the transfer of risks is the same one as in FOB.
Buyer: The buyers supports all the risk of transport, when the goods are
delivered aboard by ship at the loading port, buyer receives it from the
carrier and takes delivery of the goods from nominated destination port.
CIF-
Cost, Insurance and Freight: Title and risk pass to buyer when delivered on
board the ship by seller who pays transportation and insurance cost to
destination port. Used for sea or inland waterway transportation.
This Term involves insurance with FOB price and ocean freight. The marine
insurance is obtained by the exporter at his cost against the risk of loss or
damage to the goods during the carriage.
Seller: The CFR extends additional obligation to the seller for providing a
maritime So insurance against the risk of loss or damage to the goods. The
seller pays the insurance premium.
Buyer: He supports the risk of transportation, when the goods have been
delivered aboard the ship at the loading port. He takes delivery of the goods
from the carrier to the appointed port or destination.
CPT-
Carriage Paid To: Title, risk and insurance cost pass to buyer when delivered
to carrier by seller who pays transportation cost to destination. Used for any
mode of transportation.
This term uses land transport by rail, road and inland waterways. The seller
and exporter are responsible for the carriage of goods to the nominated
destination and have to pay freight up the first carrier.
Seller: The seller or exporter controls the supply chain after paying customs
clearance for export. Seller or Exporter select the carrier and pay the
expenses up to the destination.
Buyer: The risks of goods damages or loss are supported by the buyer as goods
are given by the first carrier. The buyer or importer has to pay importation
customs clearance and the unloading costs.
CIP-
Carriage and Insurance Paid To: Title and risk pass to buyer when delivered to
carrier by seller who pays transportation and insurance cost to destination.
Used for any mode of transportation.
This term is similar to Carriage Paid To but the seller has to arrange and pay
for the insurance against the risk or loss or damage of the goods during the
shipment.
Seller: The seller or buyer has to provide insurance and seller pays the
freight and insurance premium.
Buyer: The buyer or importer supports the risks of damages or loss, as goods
are given to the first carrier. The buyer has to pay customs clearance and
unloading charges.
DAF-
Delivered At Frontier: Title, risk and responsibility for import clearance pass
to buyer when delivered to named border point by seller. Used for any mode of
transportation.
This term is used when the goods are to be carried by rail or road.
Seller
: The seller is responsible to make the goods available to the buyer by the
carrier till the customs border as defined in sales contract.
Buyer : The buyer takes delivery of the goods at the contract agreed point
border and he is responsible for bearing all customs formalities.
DES-
Delivered Ex-Ship: Title, risk, responsibility for vessel discharge and import
clearance pass to buyer when seller delivers goods on board the ship to
destination port. Used for sea or inland waterway transportation.
Seller: The seller is responsible to make the goods available to the buyer up
to the named quay or after crossing the customs border.
Buyer: The buyer takes delivery of the goods from ship at destination port and
pays the expenses of unloading.
DEQ-
Delivered Ex-Quay: Title and risk pass to buyer when delivered on board the
ship at the destination point by the seller who delivers goods on dock at
destination point cleared for import. Used for sea or inland waterway
transportation.
DDU-
Delivered Duty Unpaid: Seller fulfills his obligation when goods have been made
available at the named place in the country of importation.
Seller: The seller is responsible for all transportation cost and accept the
customs duty and taxes as per defined in customs procedures.
Buyer: The buyer is responsible of the importation customs formalities.
DDP-
Delivered Duty Paid: Title and risk pass to buyer when seller delivers goods to
the named destination point cleared for import. Used for any mode of
transportation.
Seller: The seller is responsible to make the goods available to the buyer at
his risk and cost as promised by the buyer. All the Taxes and duty on
importation is promised by the buyer to the seller.
Buyer: The buyer is responsible to take delivery at a nominated place and pays
the expenses for unloading of goods.
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