Libro Incoterms 2010

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A Incoterms® 2010 F1_| by the International Chamber of Commerce (ICC) ICC rules for the use of domestic and international trade terms Incoterms” ICC rules for the use of domestic and international trade terms | Entry into force: 1 January 2017 Ico Trteratona’ crambor oi Commerce. The world business organtzation Copyright © 2010 International Chamber of Commerce Allegis reserved, Thiscllectne work was nite hy IC which os lights as dein bythe French Cae of nell Proper No part of his wok ay be reprcucel or cope in any form aby any means ~ graph; elec mechani, idling photocopying, scanning, recording taping, oe nkrmation| rewiowal stems - without writen permiston of ICC Service, Pulcations Department ICC Services Publications 38 Cours Albert ler 75008 Paris Rance ICC Publication No. 715 ISBN: 978.-92-842-0080-1 wwwiiccbooks.com CONTENTS Forewore! iirocuction INCOTERMS 9010 Rules for any mock or modes of transport Ew Fea les for sea and inland waterway transport AS Fou oR or Incoterms 2010 Dating Group cC Dspute Resolution Copyright notice and synopsis of trademark usage rules Cat gence ‘ther ncotenms® 2010 products IEC publiations or soba business 15 B 3 a 6 8 95, 105 19 194 195 196 197 198 Intemational Chamber of Commerce FOREWORD By Rajat Gupta, 106 Chairman ‘The global econemy has given businesses broader access than ever before to markets all aver the world. Goods are sold in more countries, In larger quantities, and in greater variety, But as the volume and ‘complexity of global sales increase, ‘so do possibildes for Imisunderstandings and costly disputes when sale contracts are not adequately drafted The Incotcrms® rules, the ICC les on the use of domestic and international trade terms, faciitace the conduct of global trade. Reference tan Incoterms® 2010 rule in a sale contract clearly defines the parties’ respective obligations and reduces the risk of legal complications. Since the ereation of the Incoterms rules by 1CC i 1936, this globally cepted! contmctal standard has been regularly updated to keep pace ‘with the development of invenational trade. The Incoverms® 2010 rules take account of the continued spread of customsffee zones, the increased use of electronic communications in business transactions, heightened conceen about security in the movement of goods and changes in transport practices. Jsicoterms® 2010 updates. and ‘consolidates the ‘delivered’ rues, reducing the total number of rules from 13 to 11, and offers a simpler and clearer peesentation ofall the rues, ncolermst 2010 i also the frst version ofthe Incoterms rules (0 ‘make all references to buyers and sellers gendler-nedtral ‘The broad experise of IOC's Commission on Commercial Law ancl Practice, whase membership is drawn from ll parts of the woeel and all mde sectors, ensures that the Incoterms® 2010 rules respond © business needs everyehere ICC would like 10 express its gratitude to the members of the Commission, chaited by Fabio Bortolots (aly), to the Drafting Group, ‘which compesed Charles Debattista (Co-Chat, UK), Christoph Marcin Radke (Co-Chair, Frince), Jens Bredow (Germany), Johnny Here (Sweden), David Lowe (UK), Lauri Ralls (inland), Frank Reynolds (US), And Miroslar Subert (Czech Republic), andl to Asko Raty (Finland) foe assistance with the images depicting the 11 rules Incoterms ® 2010 INTRODUCTION ‘The Incoterms rules explain ase of three Jeter ade tens reflecting bbusinesstorbusiness practice in contracts forthe sale of goods. ‘The Incoterms rules deseribe mainly the tases, costs and ies snvoved inthe livery of goods from sellers to buyers How to use the Incoterms® 2010 rules 1. Incorporate the Incoterms® 2010 rules into your contract of sale Ifyou want the Incoterms® 2010 rules to apply to your contract, you! should make this clear in the contract, though such words a5, “ibe chosen Incoterms rule including the named place, followed by| Incoterms 2010 2 Choose the appropriate Incoterms rule ‘The chosen Incoterms rule nee to he appropriate to the goods, tothe means of their transport, and above allo whether the partes inten! to put dltional obligations, for example such s the ebligaton to organize ‘arrage or insurance, on the seller or on the buyer. The Guidance Nowe to each Incoterms rule contains information that ls partcuaely helpfl ‘when making this choice. Whichever Incoterms rule is chosen, the partes should be aware tha the interpretation of thee coateact may well be influenced by customs particula to the port or place being used 3. Specty your place or port as precisely as possible ‘The chosen Incoterms cule can work only if the parties name a place or port, and wil work best che partis specly the place or port as precisely as posible, A good example of such precision would be: “FCA 38 Cours Albert ‘er, Paris, France Incoterms® 2010", Under the Incoterms rules Ex Works (EXW), Free Carer (FCA), Delivered at Terminal (DAT), Delwered at Place (DAP), Delivered Duty uid (ODP), Free Alongside Ship (FAS), and Free on Board (FOB), the ramod place & the place where delivery takes place and where risk passes fram the seller tothe buyer. Under the Incoterms rules Carriage Paid to (CPT), Cartage and Insurance Paid to (CIP), Cost and Freight (CHR) and Cost, Insurance and Freight (CIF), the named place clifers from the place of delivery. Under these four Incoterms rules, the named Intemational Chamber of Commerce place is the place of destination to which curiage is pai, Incatons as fo place or destination can helpfully be further specied by stating a precise point in that place oe destination in onder ta avoid doubt oF argument. 4. Remember that Incoterms rules do not ge you a complete contract of sale Incoverms rules do say wich party to the sale contract has the obligation to make carriage o insane arrangements, whe the seller delivers the ‘goods 10 the buyer, ancl which ensts each parry is responsible for Incoterms rules, however, say nothing about the price to be paid othe method of its payment. Neither da they deal with the tansfer of ‘ownership of the goods, or the consequences of a breach of contract. ‘hese matters are acrrally dealt with through express terms in the ‘contrat of sale or in the law governing chat contract. The parties should be aware chat manklatory local fa? may override any aspect ofthe sale ‘contract, including the chosen Incoterms rule. ‘Main features of the Incoterms® 2010 rules 1. Two new Incoterms rules ~ DAT and DAP = have replaced the Incoterms 2000 rules DAF, DES, DEQ ancl DOU “The number oflacoterms rules has ben eecuced fom 13 wo 11 This as been achieved by substituting two new rules that may he used irrespective of the agreed! made of transport — DAT, Delivered at ‘Terminal and DAR Delivered at Place ~for the Incoterms 2000 rules DAR, DES, DEQ and DDU, Under both new rules, delivery occurs at named! destination: in DAT, at the buyers disposal unloaded from the arriving vehicle (as under the former DEQ rule} in DAP likewise atthe buyer's disposal, but ready for nleading as under the former DAF, DES and DDU rules). The new rules make the Incoterms 2000) rules DES and DEQ superfluous, The named! terminal ip DAT may well he ia port, and DAT can therefore safely be use in ises Where the Incoterms 2000 rule DEQ ‘once was. Likewise, the arriving "vehicle" under DAP may well be & ship and the name place of destination may well Be a port: consequent, DAP can safely be used in eases where the Incoterms 2000 rule DES once was. These new rules lke cheirpreiecessors, are “delivered, wath the seller beatingall the costs ther than those ated to import dearance, where applicable) and risks involved i bringing the goods o the named place of destination Incoterms ® 2010 2, Cassiication of the 11 Incoterms® 2010 rules ‘The 11 Incoterms 2010 rules are presented in two distinct classes RULES FOR ANY MODE OR MODES OF TRANSPORT ew EXWORKS FCA FREE CARRIER or CARRAGE PADD TO or CARRIAGE AND INSURANCE PAID TO DAT DELIVERED AT TERMINAL DAP DELIVERED AT PLACE DP —_DELVERED DUTY PAID [RULES FOR SEA AND INLAND WATERWAY TRANSPORT FAS FREE ALONGSIDE SHIP FOR FREE ON BOARD CFR COST AND FREIGHT cr CCOST INSURANCE AND FREIGHT ‘The first cass Includes the seven Incoterms® 2010 rules that can be used imespective of che mode of transport selected and irrespective of ‘whether one oF more than one mode of wansport is employed. XW, FCA, CPT, CIB DAY, DAP and DDP belong to this eis. They ean be used even when there is no maritime transport at all It important (0 remember, however, tha these rules ca be use in cases where a ship {suse for part of the erriage In the second clas of incoterms® 2010 rules, the point of delivery and the place © which the goods ae carried to the buyer are both ports, hence dhe label "sea andl inka waterway” rules. EAS, FOB, CFR and CIF belong to this lass, Under the last chree Incoterms rules all mention of the ship's ells the point of delivery has been omited in preference for the gorxls being delivered when they are "on boar” the vessel. Tis more closely reflects moe enmimercil reality anc avoids the rather tuted image of the rise sieinging 10 and feo across an imaginary perpendicular line & ‘nternaonal Chamber of Commerce 3. Rules for domestic and international trade Incoterms rules have traditionally been used in international sale contacts where goods pass across national borders. In various areas of the world, however, tre blocs, lke the Furopean Union, have made border formalities between different countries less’ significant. Consequently, the subtitle of the lncerermst® 2010 rules formally recognizes that they ate availble for application t0 both intesnational and domestic sale conuraets. AS @ result the Incoterms® 2010 rules early state fa a number of places thatthe obligation to comply with ‘exporvimport formals exists only where applicable ‘Two developments have persuaded ICC that a movement in this direction is timely, Firstly, triders commonly use Incoterms res for purely domestic sale contracts, The second reason is the greater ‘willingness inthe United States to use Incoterms rules in domestic trade rather than the former Uniform Commercial Cole shipment and delivery terms. 4. Guidance Notes Before cach Incoterms® 2010 rule you wil find a Guidance Note. The Guidance Notes explain the fundamentals of each Incoterms ral, uch as when it should be used, when rik passes, and how costs are allocated bersveen seller and huyer. ‘the Guidance Notes are not part of the acta Incoterms® 2010 rules, butare intended 1 help the user accurately and efficiently steer towards the appropriate Incoterms rule for a particular 5. Electronic communication Previous versions of Incoterms rules have specified those documents that coulel be replaced by EDI messages. Articles AL/BL of the Incoterms® 2010 rules, however, now give electronic means of ‘communication the same effect as paper communication, as long as the parties so agree or where customary. This formulation facitates the ‘wolution of new electronic procedures throughout the lifetime of the Incoverms® 2010 rules, 6. Insurance cover ‘The Incoterms® 2010 rules are the fst version ofthe Incoterms rules since the revision of the Insutute Cargo Clauses and take account of alterations made to thase clauses. The Incoterms 2010 rules place Information duties relating to insurance in ares A3/H3, which deal with contacts of carriage and insurance. These provisions have been ‘moved from the more generic articles founcl in aiticles AIOMBIO of the Incoterms 2010 Incoterms 2000 rules, The language in articles A3/B3 relating to insurance has also been altered with a view to clarifying the partis’ obligations inthis regard 17. Secutty-elated clearances and information required for such clearances “There is heightened concein nowadays about security n the movement of goods, requiring vesication thatthe goods do not pose a threat to fe ‘¢ peopesty for reasons other than ther inherent nature. Therefore, the Incoterms® 2010 rules have allocated obligations berween the buyer and seller. obvain orto ender assistance in obtaining secuvtyrelated Clearances, such as chainotcustody information, in articles AZB2 and AIOMBIO of various Incoterms rues 8, Terminal handling charges Under Incoterms rules CPT, CIR, CFR, CIF, DAT, DAR and DDR, che seller ‘must make arrangements for the cutiage ofthe goods to the agreed ‘destination, While the felghts paid by the seller, its awwally paid for by the buyer as freight costs are normally included by the seller in the total selling price. The castage costs ml sometimes include te costs of handling and moving the goowls within port or container terminal faclities and the cartier or terminal operator may well charge these costs to the buyer who receives the goods. Ia these circumstances, the buyer ‘wll want to avoid paying forthe same service twice: once to the sellers, part ofthe total selling price and once independently tothe carter or the terminal operator. The Incoterms® 2010 rules seek to avoid this happening by clearly allocating such costs in articles AGB of the relevant Incoterms rues 9. String sales In the sale of commodities, as opposed 10 the sale of manufactured ‘goods, cago #8 frequently sold several times during transit “lown. a String When this happens, a seller inthe midle ofthe string does aot “Ship” the goods because these have already heen shipped by the frst seller in the string. The seller in the middle of the string therefore performs is obligations towards its buyer noe by shipping the gos, bat by “procuring” gools tac have been shipped. Fr clarification purposes, Incoterms® 2010 ules include the obligation wo "procure goods shipped!” as an alternative to the ebligation to ship goods i the elevant Incoterms rules. 10 International Chamber of Commerce Variants of Incoterms rules, Sometimes the parties want to alter an Incoterms rule, The Incoterms 2010 rules do noe prohibit such alteration, but there are dangers in so doing. In order to avo any wirveleome surprises, the parties wou! ned! to make che intended effet of such alterations extremely clear lo their contract. Thus, for example, if the allocation of costs in the Incotecms® 2010 rues i altered inthe contract, the parties should also deadly state whether they Intend to vary the polnt at which the risk passes from seller to buyer Status of this introduction Tis introduction gives general information on the use and Interpretation ofthe Incoterms® 2010 rules, but dacs not form part of those rules. Explanation of terms used in the Incoterms® 2010 rules {As In the Incoterms 2000 rules, the seller's and buyer's obligations are presented in miror fashion, reflecting under column A the sellers ‘obligations and under column Bb the buyer's obligations. These ‘obligations can be carried out personaly by the seller or the buyer oF sometimes, subject to terms in the contract or the applicable law, through Intermediaries such as caries, feight forwarders oF other persons nominated by the seller or the buyer for a specie puepose ‘The teat of the Incoterms® 2010 rules is meant to be selLexplanatory, However in order to assist uses the fllowing tes sets out guidance as ta the sense in which selected tem are use throughout the locument. Carrier: For the purposes ofthe Incoterms 2010 rules, the carter i the party with whom carriage is contracted. Customs formalities: These are requirements to be met in onder to comply with any applicable customs regulations and may snclade Socumentary, cunt, infarmation or physical inspection obligations Delivery: This concept has multiple meanings in wade aw and practice, boat in the Incotermsd? 2010 rules, used to indicate where the sk oF loss of or damage ta the goods passes from the seller to the buyer. Incoterms@ 2010 Delivery document: This phrase is now used 3 the heading to article {AB It means a document wed to prove that delivery has occurred For ‘many of the inctermsB® 2010 cules, the delivery document isa transport {document oF corresponcling electronic reco, Homer, ith EXW, FCA, FAS and FOR, che delivery document may simply bea receipt A delivery document may also have other functions, for example as part of the ‘mechanism for payment. Flectronie record or procedure: A st of information constvuted of fone or more electronic messages and, where applicable, being Tunctionally equivalent with the corresponding paper document Packaging: This word is used for dillerent purposes: 1 The packaging of the goods to comply with any eequirements lander dhe contract of se. “The packaging ofthe gookls so that dhey are fi for transportation 3, The stowage of the packaged! goods within a container or other reas of transport, In the Incoterms® 2010 rules, packaging means both the fist and second of the above, The Lncoterms® 2010 roles do not dal withthe parties’ obligations for stowsge within a container andl therefore, where felevant, the parties shoul deal with this nthe se contract. RULES FOR ANY MODE OR MODES OF TRANSPORT EXW EX WORKS. JEXW (insert named place of delivery) Incoterms 2010 (GUIDANCE NOTE “This rule may be used imespective ofthe mode of transport selected and may also be sed where more than one mode of transport is employed. Its suitable for domestic trade, while FCA is usually more appropriate for international wade, "Bx Works’ means thatthe seller delivers when it places the goods atthe disposal ofthe buyer atthe seller's premises o at another named place (je, works factory, warehouse, etc). The seller does not nee! to load the gooxls on any collecting vehicle, nor does it need to clear the Roods for export, where such clearance applicable “The partie are well advised to specify as dearly as possible the point ‘rithin the named place of delivery, asthe costs and tsks to that point fare for the account of the seller. The buyer bears all casts and risks Involved in taking the goods from the agreed point, any, at he named place of deivery [EXW represents the minimum obligation forthe seller. The rule should be used wih eae as: 8) The sels has no obligation 10 the buyer to lead the goods, even though in practice the seller may be in a beter postion to do 30.1 the see hoes Toad the goods, It does so atthe buyer’ isk and fexpense. In eases where the scien a etter onion wo load the fons, FCA, which obliges the seller to do $0 at its ew isk and expense, usually more appropriate. by A buyer who buys from a seller on an EXW basis for export needs 1 be aware that the seller has an obligation 10 provide only such snare the Inger may nese effect that export: the seller is hot bound to organine the export clearanes. Buyers are therefore ‘well atvied not to ase EXW if they eannot directly or indirectiy ‘obtain export clearance 12) The bnoyer has limited obligations 1 provide wo the seller any information regarding the export of the goods. However, the seller ‘may ned this information fore, taxation or reporting purposes 6 Intemational Chamber of Commerce a 2 a THE SELLER'S OBLIGATIONS General obligations ofthe seller ‘The seller must provide the goods and the commercial imwoice in conformity with the contrac of sale and any other ‘evidence of conformity that may be required by the contac. ‘Any document referred to in ALAIO may be an equivalent ‘electronic record or procedure agreed berween the partes or ‘customary Licences, authorizations, security clearances and other formaities Where applicable, the seller must prove the buyer, at the buyer's request, sk and expense, assistance in obtaining any ‘export licence, or other offical authorzation necessary for the export ofthe goods, ‘Where applicable, the seller must provide, at the buyer's request, risk and expense, any information in the possession of the seller {hat s required forthe secunty clearance ofthe goods Contracts of carriage and insurance Contact of cariage ‘The seller has no obligation to the buyer to make a contract of earage ) Contract of insurance “The seller has no obligation to the buyer to make & contract Of insurance. However, the seller must provide the buyer, at the buyer's request, risk and expense (any), with information| that che buyer need for obtaining insurance Delivery “The seller must diver the good by placing them at the disposat of the buyer atthe agreed point, iFany, atthe named place of delivery, not loaded on any collecting vehicle. IF 0 specie point hasbeen agreed within the named place of delivery andi there ate several points avallbl, the seller may select the point that best sults It pucpose. The seller must deliver the goods on the agreed date or within the agreed period a 82 83 Incoterms 2010 ‘THE BUYERS OBLIGATIONS. General obigations ofthe buyer “The buyer must pay the price of the goods as provided in the ‘contract of sale, ‘Any document referred 10 in BLBIO may be an equivalent electronic record or procedure if agreed berween the parties oF festa, LUcences, authorizations, security clearances and other formaities ‘Where applicable, iis up to the buyer to obeai, a its ow sk and expense, any export and Import cence o¢ other official authorization and carry out all customs formalities for the export ‘ofthe goods. Contracts of cariage and insurance ) Gonuract of carlage ‘The buyer has no obligation tothe seller to make a contrac of| carnage. ) Contract of insurance ‘The buyer has no obligation to the seller to make a contract of Tekang detvery ‘The buyer must take delivery ofthe goods when Ad and AT have been compiled with, ” 18 Intemational chamber of Commerce a ar Transfer of rks The seller bears ll riks of loss of or damage to the goods until they have been delivered in accordance with A& with the ‘exception of loss or damage in the circumstances described in 35, Allocation of costs ‘The seller mist pay all costs relating 10 the goods unt they have heen delivered in accordance with A4, ether than those payable by the buyer as envissed in 86 [Notices to the buyer “The seller most give the buyer any notice needed to enable the Imuyer to take delivery ofthe goods. Delivery document “The sller has no obligation to the buyer Incoterms© 8010 Transfer of rsks The buyer bears all risks of foss of or damage to the stood from the time they have been delivered! as envisage! n 4 AF the buyer fils to give notice in accordance with BY, then the buyer bear all isks of loss of or drmage 0 the goods from the agreed date othe expiry date of the agreed period for delivery, frovided! that the goods have been cleasly kleniied as the ceonuract gous Allocation of costs ‘The buyer must: 8) pay all costs relating 10 the goods from the dime they hawe been delivered as envisaged in Ms 1b pay any acklitional costs incurred by filing either ¢0 take Ulevery ofthe goods when they have been placed a its disposal ‘orto give appropriate notice in accorkince with 87, previ tha ‘the goows have been clearly denied as the contract goods; ©) pay, where applicable, all duties, taxes and other charges, swell asthe costs of carrying out customs formalities payable upon export; and 4) reimburse all costs and charges incuted by the seller in rcviding sistance as envisaged In A2 Notices to the seller ‘The buyer must, whenever it ended to determine the time ‘thin an agreed period andor the point ofting delivery within the named place, give che seller sulcient notice threo! Proof of delvery “The huyer must provide the seller with appropriate evidence ‘of having taken delve ” ate 20 Intemational Chanber of Commerce 9 10 ‘checking - packasing ~ marking “The seller must pay the costs of those checking operations (such as checking quay, measuring, weighing, counting) that are necessary for the pose of delivering the goods in accondance swith 4 “The seller must, a its own expense, package the goods, unless it {s usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the ‘mannes appropriate for thelr ransport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately. ‘Asalstance with Information and related costs ‘The seller mus, where applicable, ina timely manner, provide to co render assistance in obtaining forthe buyer, at the buyer's Fequest, risk and expense, any documents and information, induding securiyreated information, that the buyer needs for the export andor import of the gosxls and/or forthe transport to the final destination. cy a10 Incoterms 2010 Inspection of goods ‘The uyer must pay the costs of any mandatory preshipment| Inspection, chiding inspection mandated by the authorities of the country of export. ‘Assistance with information and related costs ‘The buyer must, in a timely saanner, advise the seller of any securiy information requirements so thatthe seller may comply with A. ‘The buyer must reimburse the seller fr all costs and charges incurred! by the seller in providing or rendering assistance in ‘obtaining documents and information as envisaged in A10, 1 FCA Free Carrier CA (insect named place of delivery) Incoterms® 2010 GUIDANCE NOTE “This rae maybe used irrespective of the mode of transport selected! and ray also be used where more than one mode of transport employed “ree Carrer” means tha the seller delivers the goods to the carrer or another person nominated by the buyer at the selle’s premises or ‘nother named place. The partes are well advised to specif as clear 2s posible the point within the named place of delivery, 2 che risk passes to the buyer at that point. Ifthe parties intend to deliver the goods a the seller's premises, they should klentfy the address of those premises as the named place of deliver. 1, on the other hand, the parties intend the goods to be ‘delivered at another pce, they must Kenya diferent specific place of delivery. FCA requires the seller o clear the goods for export, winere applicable. However, the seller has no obligation to clear the goexls for impor, pay any import daty or carey Out any import customs formalities. Intemational Chamber of Commerce al Me THE SELLERS OBLIGATIONS General obligations ofthe seller ‘The seller mus protde the goods and the commercial invoice in conformity with the contract of sale and any other evidence of| conformity that may be required by the contrac. Any document refereed to in ALAIO may be an equivalent tectonic record procedure iFagreed between the parties or estonia. LUcences, suthorizations, security clearances and other formaities, ‘Where applicable, the seller must obtain, at is own rise and ‘expense, any export licence or other oficial authorization and ‘carry out all customs formaliies necessary forthe export of the gout Contracts of carriage and insurance 2) Gonuract of eariage ‘The seller has no obligation to the buyer to make a contract of| catrage, However, frequested by the buyer orf it commercial practice and the buyer does not give an instruction to the contraryin due time, the seller may contact for carriage 00 usual ferme at che buyers risk and expense. In either case, the seller ‘may decline to make the contract of carriage and, fi oes shall ‘promptly natiy the buyer. > Contract of insurance ‘The selicr has no obligation to the buyer to make @ contact of Insurance. However, the seller must provide the buyer, ar the buyer's request risk, and expense if any), with information that the buyer needs for ebtaining insurance Delivery ‘The seller must deliver the goods 10 the carrier or another person nominated by the buyer at the agreed point, iany at the ‘named place on the aed date or within the agreed perl Delivery i complete: 4) Ifthe named place & the seller's premises, when the gools Fhe been lade! on the means of transport provide by the Paes ) In any other case, when the goods are placed atthe disposi ‘ofthe cartier or another person nominated by the buyer on the seller's means of transport ready for unlouding, 8 82 83 & Incoterms 010 THE BUYER'S OBLIGATIONS General obigations ofthe buyer The buyer must pay the price of the goods as provided in the contact of sale ‘Any document referred fo in BI-BIO may be an equivalent electronic record oF procedure i agreed between the parties OF customary, LUcences, authorizations, security clearances and other formalities ‘Where applicable, it s up to the buyer t obiain, a ts own risk and expense, any import licence or other effiial authorization and ‘arry out all customs formalities fr the import ofthe goods and for their transport through any counery. Contracts of cartiage and insurance 8) Contract of carriage ‘The buyer must contract ais own expense for the eariage oF the goods from the named place of delivery, except when the ‘contract of carriage is made by the seller as provided for in A3 2), Contract of insurance ‘The buyer has no obligation to the seller to make a contract of Insurance. Teking delivery ‘The buyer must cake delivery of die goods when they have been delivered as envisaged in A 2 Intemational hamber of Commerce IF no speriie point has been nouiied by the buyer under 387 «) witha the eared plce of delivery and if there are several points aca, the seller may selet che point that best us Hs pono, Unless the buyer notiies the seller otherwise, the seller may deliver the goods for carage tm such a manner as the quancley andlor natuce of the goods may require Transfer of risks ‘The seller Beas all sks of loss of or damage to the goods until they have been delivered) in accordance with AM, with the ‘exception of loss oF damage in the circumstances described in BS, “Allocation of costs The seller must pay all costs relating tothe goods uni they have been delivered in accordance with Ad, other than those payable By the buver 2s envisaged in 6 nl where applicable, the costs of customs formalities necessary for export, as well a all duties, ties, and other charges payable ‘upon export 85 ry Incoterms 2010 Transfer of risks The buyer bears al risks of los of or damage to the goods fom the time they have been devered as emsisiged In Mi « 4) the buyer isin accordance with I7 to notify the nomination | ff a carver or another person as envisiged in. Mor (0 ge 1) the earner or person nomirated by the huyer as envisage! ia ‘6 falls to take the pods into its change, then, the buyer bear ll riks of loss of or damage tothe goods (from the agreed date, orn the absence ofan agreed date, (from the date notiied by the seller under 47 within the agreed pesod; oF, Ina sich date has been noted, i) from the expiry date of ary agree period for delivery, provided that the goods have been clearly idenifed! as the ‘contract goods. Allocation of costs ‘he buyer must pay 4) all costs relating t the goo fom the time they have bees delivered as envisiged in Ad, except, where applicable, the costs of customs formalities necessry for export, 28 Well a all dues, tes, and other charges payable upon export refered wn A); any aultional costs incurred, either because (the buyer fails to nominate a carer or nother pesson as envisiged in Ad, oF the casero person nominated by the buyer as envisaged Ind fas to take dhe goods ino its charge, oF Gi) the buyer has failed so give appropriate novice in sceordance with B7, provided that the goods have been cleaty identified as the eeontract goods; and Ea International Chamber of Commerce ar ry a9 Notices to the buyer ‘The seller must, a the buyee's ask and expense, ave the buyer suiient notice either that the goods have been delivered in accordance with Ai or thar the camier or another person nominated by the buyer has fled to ake the goods within the time agreed Delivery document ‘The seller must provide the buyer, atthe seller's expense, with ‘he usual proof that the good have been delivered in accordance wih a4 ‘The seller must provide asistance to the buyer, at the buyer's request, sk and expense, in obtaining a transport document. Checking ~ packaging - marking ‘The seller must pay the costs of thase checking operations (such as checking quali, measuring, weighing, counting) that are necessary fr the purpose of delivering the goods in accordance with Af, as well as the costs of any preshipment inspection ‘mandated by the authosty ofthe country of export. “The seller musta its own expense, package the goods, unless it is usual for the particular tade to transport the type of goods sold unpackaged, The seller may package the goods in the manner approprate for thele anspor, unless the buyer has noted the seller of specific packaging requirements before the contract of sale Is concluded. Packaging is to be marked appropriate 87 be 9 Incoterms 2010 ‘© where applicable ll duties, taxes and other charges aswell as the costs of carrying out customs formalities payable upon import of the gous andthe cost for thee anspor through any country Notices to the seller The buyer must notify the seller of 8) the name of the carrier or another person nominated 36 temisaged in Ad within sufficient time as to enable dhe seller 1 teliver the goods In accordance with that article; by where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will ake the ood (© the mode of transport to be used by the person nominated and «) the poi of aking delivery within the named place Proof of delivery ‘The buyer must accept the proof of delivery provided as ‘envisaged in AS. Inspection of goods ‘The buyer must pay the eosts of any mandatory preshipment| inspection, except when such inspection & mandated by dhe ‘authorities ofthe counts of export 29 International Chamber of Commerce a0 Assistance with information and related costs The seller must, where applicable, na timely manner, prove 10 lorrender asastance in obtaining forthe buyer tthe bayer eet, risk and expense, any documents and information, inching, sccunycelie information, thatthe buyer needs for the impart oF the goods andr for thei anspor wo the ial destination. ‘The seller must reimburse the buyer forall costs and haces Incurred by the buyer in providing or rendering asistance in ‘obtaining documents and informacion as envisaged in BO. B10 Incoterms® 2010 Assistance with information and related costs ‘The buyer must, ina timely manne, alvise the seller of any security information requirements so thatthe seller may comply wth A. “The buyer must reimburse the seller for all costs and changes Incurred! by the seller in proving oF rendering assistance in ‘obtaining documents and informadon as envisaged in AUG, ‘The buyer must, where applicable, in timely manner, prewide to for render asistance in obtaining for the sel, at the sellers Fequest, risk and expense, any documents and information, including securiq-related information, tha che seller neces for the transport and export of the goods and for their ransport through any county ” CPT CARRIAGE PAID TO CPT (insert named place of destination) Incoterms® 2010 a a GUIDANCE NOTE “This rae may be used irrespective ofthe mode of transport selected and -may also be used where more than one mode of transport is employed. “CarviagePaid to” means that the seller delivers the goods to the carrer ‘or another person nominated by the seller at an agreed place Wfany such place is agreed between the partes) and thatthe seller must contract for And pay the costs of carriage necessary to bring the goods to the named place of destination ‘When CPT, CIR, CFR or CIP are used, the seller Full ts obligation 10 deliver when it hands the goods over to the carrier and not when the ‘goods reach the place of destination. ‘This rule has two crite points, because rise passes and costs are uansTerred a liferent places. The parties are well advised to identify as precisely as posible in the contract both the place of delve, where the isk passes tothe buyer, and the named place of destination 10 which the seller must contrac for the casiage. If several caries are used forthe fauriage to the agreed destination and the parties do not agree on 2 specie point delivery the default position i that isk passes when the sods have been delivered to the fist carer ata point entirly of the seller's choosing and ver which the buyer has no control. Should the parties wish the ris to passat @ later stage (@4, at an ocean port oF Airport), they need 1 specify this in their contract of sale. "The partes are also well advise to identify as precisely as possible the point within the agreed place of destination, as he costs to that point are For the account ofthe seller. The sller is adsed to procure contacts of ‘arrage that match this choice precisely. Ifthe seller incurs costs under its contract of cariage related to unloading at the named place of destination, the seller is not entitled to recower such costs from the buyer unless otherwise agreed hetween the parties. CCP requites the seller to clear the goods for export, where applicable. However the seller has no obligation to clear the goodl fo impor, pay any import duty or erty Out any import customs formalities 4 Intemational Chamber of Commerce A a2 aM THE SELLER'S OBLIGATIONS General obligations of the seller ‘The seller must provide the goods and the commercial invoice in conformity with the contact of sale and any ether evidence of conformity that may be required by the contract. Any document referred t0 in ALALD may be an equivalent flectronic record or procedure #agreed between the parties or customary. Lcences, authorizations, security clearances and other formalies Where applicable, the seller mast obeain, at is o¥n risk and ‘expense, any export licence or other official authorization and ‘carry out all customs formalities necessary forthe export ofthe ‘ocds, and for their transport through any country prior t0 delivery Contracts of catiage and insurance 8) Contra of exrriage ‘The seller must contractor procure contrat forthe carage of| the goods from the agreed point of delivery, ifany, athe place of| livery tothe named place of destination or, agreed, any pont at that place. The contract of carriage must be mace on Usval fermsat the sellers expense and provide for earviage by the usual route and in a customary manner fa specific points nox agreed for is not determined by practice, che seller may select the point of delivery and the point atthe named phice of destination that best suit ts purpase Contract of insurance Te seller has no obligation to dhe buyer to make a contract of Insurance. However, the seller must provide the buyer a the buyer's request, risk and expense (any, with information that the buyer needs for obtaining insurance Delivery ‘The seller must deliver the goods by handing them over 0 the ‘carrer contracted in accordance with A3 on the agreed date or within the agreed period, Incoterms ® 8010 THE BUYERS OBLIGATIONS General obligations ofthe buyer ‘The buyer must pay the price ofthe goods as provided in the contact of sale Any document referred to in BI-BIO may be an equivalent electronic record or procedure agreed etween the paris oF ‘customary LUcences, authorizations, securty clearances and other fonralties \Where applicable, it sup to the buyer to obtain, as own risk and expense, any import licence oF other offical authorization andl carry out all customs formalities for the import ofthe goods and for their transport through any county. Contract of carriage and insurance. a) Contract of earviage “The buyer has no obligation to the seller to make a contract of cariage by Contract of insurance ‘The buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obeaning insurance, Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in Ad and receive them from the carrer atthe named place of destination 38 36 Intemational Chamber of Commerce a Transfer of risks "The seller hear al sks of loss of or damage to the goods un they have been delivered In. accordance with Ad, with the ‘eception of os or damage in the circumstances described in B. Allocation of costs ‘The seller must pay all costs relating to the goods until they have been delivered Jn accordance with AS, other than those payable by the buyer as cenusaged in 85; >) the freighe and all other costs resulting from A3 2, including the costs of loading the goods and any charges for unloading at the place of destination that were for the seller's account der the contraee of earrage, ard (© where applicable, the costs of customs formalities necessary for export, 28 wel all duties, taxes and other charges payable upon ‘export, and the cost for their transport through any ceuntey that ‘were for the seller's account under the contract of eatige, Notices to the buyer ‘The selor must notify the buyer that che goods have been liered in acordance with A “The seller must give the buyer any notice needed in order tallow ‘the buyer to take measures that are normally necessity to enable the buyer to take the goods 5 Incoterms 9010 Transfer of risks ‘The buyer bears al risks of los of or damage to the goods from the time they have been delivered as envisaged in 4 If the buyer fils to give novice in accordance with B7, it must bear all sks of less of or damage to the gouxls from dhe agreed date or the expiry date ofthe agreed period for delivery, provided {hat the goods have been clearly Wlentifed as the contract goods Allocation of costs The buyer must, subject to the prowsions ofA} a), pay yall costs telating to the goods from the time they have been livered as envisaged in Ad, except, where applicable, the costs ‘of customs formalities necessary for export, 3 well a all utes, ‘es, and other charges payable upon expor as referred in AG), ball costs and charges relating to the goods while in rant unl their arcival at the agreed place of destination, unless such costs tnd charges were for the sellers account under the contract of carriage; ‘© unloading costs, unless such costs were forthe slle's account ‘under the contract of carsiage, 6) any ational costs incurred if the buyer fis to give notice in accordance with BY, fom the agreed date or the expiry date of| the agreed period for dispatch, provided that the goods have been clearly identified asthe contract goods; an ©) whete applicable all cuties, taxes and other charges, 36 well as the costs of carrying out customs formalities payable upon Import ofthe goods and the cats fr thelr transpore through any ‘country, unless included within the eost of the contract of carsage. Notices to the seller ‘The buyer mast, whenever iis entitled wo determine the time for dispatching the goods and/or the named place of destination oF the point of receiving the goodls within thar place, lve the sller sufficient notice thereof 2 28 Invemational Chamber of Commerce AB 9 Ato Delivery document Tf customary or at the buyer's request, the seller must provide the buyer, at the selle’s expense, with the usual uransport ‘documents] forthe wansport contracted in accordance with AS ‘This transport document must cover the contract goods and be dated within the period agreed! for shipment. If aged oF customary, the document must abo enable the buyer wo calm the [Roods fiom the eariet at the named place of destination and ‘enable the buyer to sel the goods in transit bythe ansfer ofthe ‘document roa subeequent buyer a by notification to the cari. ‘When such a transport document Issued in negotiable form and in several originals ill st of originals must be presented tothe buyer ‘Checking ~ packaging ~ marking “The seller must pay the cost of those checking operations (such as checking quality, measuring, weighing, counting) thac are necessary for the purpose of delivering the goods in accordance with Ad, as well as the costs of any preshipment inspection ‘mandated by the authority ofthe country of export ‘The seller must, at is own expense, package the goods, unless it is usual for the particular trade to transpor the type of goods sold unpackaged, The seller may package the goods in the manner approptate for their transport, unless the buyer has notified the seller of specific packaging requirements before the ‘contract of sale Is concluded. Packaging Is to be marked appropriately. ‘Assistance with information and related costs ‘The seller mus, where applicable, ina timely manner, provide to for render asistance in obtaining forthe buyer, atthe buyer's request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods ancior for their transport to the final destination, “The seller must felmburse the buyer for all costs and charges Incurred by the buyer in providing or rendering assistance in ‘obyalning documents and information as envisaged in B10. 86 210 Incoterms 2010 Proof of delivery ‘The buyer must accept the transport document provided fas envisaged in AB fits in conformity with the cote Inspection of goods: ‘The buyer must pay the costs of any mandatory preshipment inspection, excepe when such inspection is mandated by the authorities ofthe country of export ‘Assistance with Information and related costs The buyer must, in a timely manner, advise the seller of any security information reuirements so that the seller may comply ‘wih A, ‘he buyer must reimburse the seller forall costs and charges Incurred! by the seller in providing or rendering assistance in ‘obtaining documents and Information as envisaged in ALO. “The buyer must, where applicable, na timely manner, provide 10 for render assistance in obtaining for the seller, atthe seller's fequest, risk anc expense, any documents and information, inching securiy-selaed information, that the seller needs for the transport and export of the goods and for their transport through any country cIP ‘CARRIAGE AND INSURANCE PAID TO CIP (insert named place of destination) Incoterms® 2010 a a GUIDANCE NOTE “This rule may be used irrespective ofthe mode of tansport selected! and ray also be used where more than one mode of transport is employed. “Carve and Insurance Pad 10" means thatthe seller delivers the yools to the carter or another person nominated by the seller at an agreed place Gfany such places agreed between the parties) and thatthe seller ‘ust contact for and pay the costs of carriage necessary to bring the ood tothe named place of destination, ‘The seller also contracts for insurance cover against the buyer's ssk of loss of or damage to the goods during the carriage. The buyer should note that under CIP the seller is required to obtain insurance aly on ‘minimum cover, Should the buyer wish to have more insurance ‘rovection rill ned ether to agree as much expressly wit the seller (oF to make its owen extra insurance arrangements. ‘When CPT, GiB CER or CIF are used, the seller ful ts obligation to liver when ft hands the goods aver to the carier and not when the goods reach the place of destination. ‘This rule has two caitical points, because risk passes and costs are transferred at diferent places. The pares are well advise t identify as precisely as possible in the contract hoth the place of delivery, where the ‘ke pases tothe buyer, andthe named place of destination 10 which the seller must contact for carta, IF several carlers are used for the ‘riage to the agreed destination and the parties do not agree on a specific point of delivery the deft position i that risk passes when the sRoods have been delivered fo the fist carrier ata point entirely of the solle's choosing and over which the buyer has no control. Should the ‘artis nish the ris to pase at a later stage (€., at an ocean port or an Airport), they need to speci this in their contract of sae 2 Intemational Chamber of Commerce The parties are also well advised to identify 2s precisely as possible the polar within the agreed place of destination, asthe eosts to that pou are for dhe account of the seller. Te seller is asec to procure contrac of ‘uriage that match this choice precisely If he seller incurs costs under its contract of eariage rehited 10 unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer uniess otherwise agreed betweon the partis. CCP requires the seller wo dear the goods for export, where applicable. However, the seller has no obligation to clear the goedls for import, pay any import duty or carry out any import customs formalities. 4“ Intemational Chamber of Commerce Al “2 THE SELLERS OBLIGATIONS General obiigations ofthe seller The seller must provide the goods an the commercial ince in conformity with the contrac of sale and any other evidence of conformity that may be required by the contrac Any document referred to in ALAIO may be an equivalent clectronic record or procedure iFageced between the patties Or stony. Lcences, authorizations, securty clearances and other formalities ‘Where applicable, the seller must obtain, at its own risk and ‘expense, any export lcence or axher offical sutherizaion and ‘camry out all customs formalities necessary for the export ofthe goods and for thelr wansport through ‘any country prior to deliver Incoterms 2010 THE BUYER'S OBUGATIONS General obligations ofthe buyer Te bayer must pay the price of the goods as provided in the contract of sale Any document refered (0 in BL-B10 may be an equivalent clectronic record oF procedure if agreed between the partes or feustomary. Licences, authorizations, security clearances andl other formaties Where applicable, sf up fo the buyer to obtain, aris own ik | and expense, any import licerce or other official authorization nd cary out all customs formalities for the inport of the goods land for their transport though any county “ International chamber of Commerce z Contracts of carriage and insurance 2) Contract ofeariage ‘The seller must contractor procure a contract for the catrlage of| the goods from the agreed point of delivery, fany.at the place of delivery to the named place of destination o,f agreed, any point at that place. The contract of earigge must be aide on sual termsat the seller's expense and provide For earage by the usual route and ina customary mane. Ifa speeiie point is not agreed Cris not determined by practice, the seller may select the point (of delivery and the point at the ramed place of destination that Dest suit is purpose, ) Contract of insurance The seller mast obtain at its own expense cago insurance complying at least with the minimum cover as provided by Clauses (C) of the Institute Cargo Clauses (LMAIUA) of any similar clauses. The insurance shall be contracted with Underwriters or an insurance company of good repute and fentile the buyer, oF any other person haviag an insurable Inevesc in the gods, to claim dicecly ftom the insure ‘When required by the buyer, the seller shall, subject tothe buyer proving any necessary information requested by the sclle, provide at the buyer's expense any additional cover, if procurabl, such as cover as provided by Clauses (A) or (B) ofthe Institute Cargo Clauses (LMAIUA) or any similar clauses, andor cover complying withthe Institute Wir Clauses andlor Institute Surikes Clauses (LMU) or any sialar causes, “The insurance shall coves t @ minimum, the price provided in the contract plus 10% (e., 110%) and shal bein the currency a | the contract, ‘The insurance shall cover the goods from the point of delivery set out in Ad and AS 10a least the named place of destination ‘The seller must provide the buyer with the insurance policy or other evidence of insurance cover Moreover, the seller must provide the buyer, at the buyer's request, risk, and expense (if any), with information that the buyer neods to procure any adltional insurance, Delivery “The seller must deliver the goods by handing them over 0 the ‘carsier contracted in accordance with A3 on the agreed date of Within the agreed pesto Incoterms ® 2010 Contracts of catiage and insurance 2) Contact of eaviage ‘The buyer has no obligation to the seller to make a contact of curlage by Contract of insurance “The buyer has no obligation tothe seller to make a contract of| insurance. However, the buyer must provide the seller, upon request, with any information necessary forthe seller to procure any aldtonal insurance requested by the buyer as envisaged in| 43D), Taking delivery ‘The buyer mus take delivery ofthe goods when they have been delivered as envisaged in Ad and receive them from the carrier at the named place of destination, a ‘nternatonal Chamber of Commerce > Transfer of risks ‘The seller beas al sks of loss of or damage to che goods until they have been delivered in accomlance with At, with the sacepon of os or damage nthe eeumstances descbed in 85 Allocation of costs The seller must pay 2) all costs relating tothe goods until they have been delivered in accordance with Ad, other than those payable by the buyer as femvisaged in 86, 86 1) the freight and all her costs resulting from AS 2), inching the costs of loading the goodls and any charges for unloading at the place of destination that were for che seller's account under the Contract of eaeriage, ©) the costs of insurance resulting from AS bane {where applicable, the costs of customs formalities necessary for export, a5 well tall duties, exes and other charges payable ‘upon export, and the costs for their transport chraugh any country that were for the seller's socount under the contract | carriage Notices to the buyer ‘The seller must nou the buyer that the goods have been delivered in accordance with Ad 87 ‘The seller must give the buyer any notice needed in order 10 allow the buyer to take measures that ae nocmally necessary 0 ‘enable the buyer to take the goods, Incoterms 2010 Transfer of risks ‘The buyer bears al risks of loss of or damage to the goods from the tne they have been delivered as envisaged in Af Ifthe buyer fils co give natice in accordance with 17, ft must bear al sks of loss of or damage tothe goods from the agreed dtc or the expiry dae ofthe agreed period for delivery provided thatthe goods have been clearly Klencie! as the contract goods, Allocation of costs “The buyer mus, subject 10 the provisions of AB a), pay 42) all costs relating to the goods from the me they have been delivered as envisaged in A except, where applicable, the costs ‘of customs formalities necessary for export as well a all utes, tines and other charges payable pon exports ferred 19in AG ‘yall eosts and charges eating to the goods while in transit unt thei arriva atthe agreed place of destination, unless such costs and charges were forthe Seller's account under the contract of carnage unloading costs, unless such costs were forthe seller's account under the contract of earriage; «).any additional costs incurred if t falls w give nice in accordance with BY, from the agreed date or the expiry date of the agreed period for dispatch, provided that the goods have been clearly identified as the contract goods; where applicable, ll duties taxes and other charges a wel as the costs of carrying out customs formalities payable upon import ofthe goods and the costs for thelr ransport through any country, unless included within the cost of the contract of carriage; and 1 the costs of any adional insurance procured at the buyer's request under A3 and BS, Notices to the seller “The buyer must, whenever itis ented to determine the dine for lispatching the goods ancVor the named place of destination or the point of receving the goods within that place, uve the seller sulficient notice thereof ° Intemational Chamber of Commerce ry “9 Ato Dellvery document IF customary or at dhe buyer's request, the seer must provide the buyer, atthe seller's expense, with the ustal tanspoct documents] forthe transport contracted in accordance with a3, ‘This transport document muse cover the contract goods and be dated within the period agreed for shipment. IF agieed or ‘customany the document must also enable the buyer toca the soos ffom the carierat the named place of destination and «able the buyer to sell the goods in transit by the ransfer ofthe document to subsequent buyer or by notification to the cartier ‘When such a transport document Is sued in negoriable form nd in several originals, afl set of orginals must be presented to the buyer. Checking - packaging - marking “The seller must pay the costs of those checking operations (such as checking quality, meisuting, weighing, counting) that are necessary for the purpose of delivering the goods in accordance ‘ith Aa as well a6 the costs of any preshipment inspection ‘mandated by the authority ofthe county of export. ‘The seller must, atts own expense, package the goods, unless it is usual forthe particular trade to transport the type of goods sold unpackaged, The seller may package the goods in the ‘manner appropriate for their ransport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately ‘Assistance with Information and related costs ‘The seller mast, where applicable, in a mely manner, provide to fr render assistance in obtaining for the buyes, at the buyer’ Fequest, risk and expense, any documents and information, including securiyrelated information, thatthe buyer needs for the import of the goods ancior for their transport co the fina destination. The seller must reimburse the buyer for all costs and charges incurred by the buyer In providing or rendering asistance in ‘obtaining documents and information as envisaged in B10. 89 B10 Incoterms 2010 Proof of delivery ‘The buyer must accep the anspor document provided as evsagel i AS i i conformity with the contrac. Inspection of oods : The buyer must pay the costs Of any mandatory preshipment Inspection, except when such ispeion i meanest the tutors ofthe county of expo. ‘Assetance with information and related costs ‘The buyer must, ina timely manner, advise the seller of any security information requirements so thatthe seller may comply ‘with Ao. ‘The buyer must eimburse the seller forall costs and charges lncurred by the seller in providing or rendering assistance in ‘bvaining documents and information as envisaged in ALO. ‘Thebuyermust where appa, nainey manner, provide tr venerasisance tn chaning for the soll, a the set's frau, rat and ‘expanse, any documents and infooton, tndang secre fora, that the lle aed or the wanspor andl export othe goo and fo thee spor through ay county st DAT DELIVERED AT TERMINAL. DAT (insert named terminal at port or place of destination) Incoterms® 2010 xk « “This rule maybe used irrespective ofthe mode of transport selected and may also be used where more than one mode of transport employed, ‘Delierel at Terminal” means thatthe seller delivers when the goods, ‘once unloaded from the ariviog means of wansport, are placed atthe ‘isposil ofthe buyer ata named terminal atthe named port or place of ‘destination, “Terminal” includes any place, whether covered or not, such a8 a quay, warehouse, container yard or road, rall or air cargo terminal ‘The seller bears all sks involve in bringing the goods co and unloading them atthe terminal ac dhe named port or place of destination, ‘The parties are wel advised to specify a8 cleadly as possible the terminal and if possible, a spoctic point wishin the terminal at the agreed port or place of destination, as the risks to that point are forthe account of the Seller, The seller advised to procure'a contract of carriage that matches this choie precisely. Moreover, sf the parties lntend the seller to bear the risks and costs Involved in transporting and handling the goods from the terminal 10 another place, then the DAP o¢ DDP rues should be used, DA requires the seller to clear the goods for export, where applicable. However the seller has no obligation 10 clear the goods for import, py any import duty or carry out any import custonns formals. Incemaional Chamber of Commerce a a THE SELLER'S OBLIGATIONS General cbigations ofthe seller ‘The seller must provide the goods and the commercial invoice in conformity withthe contract of sale and any other evidence of conformity that may be required by the contract, ‘Any document referred to in ALAID may be an equivalent electronic record or proceduce if agreed between the parties LUcences, authorizations, securty clearances and other ormales Where applicable, the seller must obiain, at its own risk andl expense, any export cence and other offical authorization and tary out all customs formalities necessary forthe export af the ‘goods and for theie wansporttheough any country prio® 10 delivers Contracts of cariage and insurance 2) Contract of cariage ‘The seller must contract its own expense forthe carriage of the ‘goods to the named terminal ac the agreed port oF place of Aestnation. If specific terminal is not agreed oF is not determined by practice, the seller may select the terminal at the agreed port or place of destination that hest suits is purpose by Contract of insurance ‘The seller has no obligation to the buyer to make a contract of| insurance. However, the seller must provide the buyer, at the buyer's request, risk and expense (i any), with information that the buyer needs for obtaining insurance Delivery ‘The seller must unload the goods from the arriving, means of transport and! must chen deliver chem by placing them at the tisposal ofthe buyer at the named verminal referred 1 in 3 2) at the port or place of destination on the agreed date or within the agreed period. a 83 e Incoterms 9010 THE BUYER'S OBLIGATIONS General obligations of the buyer “The buyer must pay the price of the gookls xs provided in the contact of sal, Any document referee 19 in BI-BIO may be an equivalent telectmnie record or rovedure if agree between the partes or cessor, Licences, authorizations, security learances and other formalities ‘Where applicable, the buyer must obtain, at its own risk and ‘expense, any import licence or other official authorization and ‘carry out all customs formalities forthe Import ofthe goods Contracts of catiage ard insurance 8) Contract of exenage ‘The buyer has no obligation to the seller to make a contract of carriage. Contract of insurance “The buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necesary information for obtaining insurance. Taking delivery ‘The buyer must take delivery of the goods when they have been delivered as envisged in A Intematonsl Chamber of Commerce AS. ar Transfer of risks “The seller bears all risks of loss of or damage tothe goods until they have been delivered in accordance with At with the cesotion offs or damage the creumstances dese fa Allocation of costs ‘The seller must pay 8) in addition to costs resulting from A3 2), all cases relating to the goous unl they have been delivered in accordance with Ad, other than those payable by the buyer as envisaged in B65, and by where applicable, the costs of customs formalities nocessary for export a5 well as all duties, taxes and other changes payable ‘upon export and the costs for their anspor through any ‘country, prior to delivery in accordance with Ad Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer 1 take measures that are normally necessary (| ‘enable the buyer to take delivery ofthe goods Delvery document ‘The seller must provide the buyer, atthe seller's expense, with document enabling the buyer to take delivery of the goad as envisaged in AA 5 86 87 88 ‘Transfer of rks ‘The buyer bear all ssks of loss of or damage 10 the goods from the time they have been delvered as envisaged in Ad ¥ 8) the buyer fils 10 fulfil its obligations in accordance with B2, then it bears all resulting risks of loss of or damage t the goods; by the buyer fails to give notice in accordance with B87, then it bears all risks of loss of or damage tothe goods from the agreed date othe expiry date ofthe agreed period for delivery, provided that the goods have been clearly identified as the contact goods. Allocation of costs ‘The buyer must pay 4) all costs relating to the goods ftom the ume they have been delivered as envisaged in Ad; ’) any additonal costs incurred by the seller if te buyer Elst ful ts obligations in accordance with B2, orto give notice in accordance With B7, provided that the goods have been clearly ‘entified as the contract ods; an ©) where applieable the costs of customs formalities as wells all lates, ses and other charges payable upon import of the goods Notices to the seller "The buyer must, whenever i 6 ened to determine the time within an agreed period ancor the point of taking delivery at the named terminal, give the seller sufficient notice thereot Proof of delivery The buyer must accept che delivery document provided as ‘envisaged in AB, i i 3 International Chamber of Commerce “9 Ato Checking ~ packaging - marking ‘The seller must pay the costs of those checking operations (such 48 checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance With Ad, as well as the costs of any preshipment inspection ‘mandated by the authority ofthe county of export. ‘The seller mus, ats own expense, package the goods unless it 's usual for the particular trade to tansporc the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transpoct, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately. Assistance with Information and related costs ‘The seller must where applicable, ina timely manner, provide to fr render assistance in obtaining for the buyer, at the buyers request, risk and expense, any documents and information, including secusiyeelated information, that the buyer needs for the import of the goods andor for their transport to the final destination, ‘The seller must reimbuese the buyer for all costs and charges Incurred by the buyer in providing or rendering assistance in ‘obiaining documents and information as envisaged in BIO. 89 B10 Incoterms@ 2010 Inspection of goods “The buyer must pay the costs of any mandatory preshipment inspection, except When such inspection Is mandated by che authorities of the country of export Assistance with information and related costs ‘The buyer must, in a timely manner, advike the seller of any security information requirements so that the seller may comply swith 0, ‘The buyer must reimburse the seller for all costs and charges incurred by the seller in providing oF rendering assistance in ‘chaining documents and information as envisaged in AL. “The buyer must, where applicable, in timely manner, provide 10 fr render assistance in btaning for the seller, at the sellers Fequest, rls and expense, any documents and. information, fnchiding security-selated information, that che seller needs for the transport and export of the goods and for thei transport ‘through any county DAP DELIVERED AT PLACE DAP (insert named place of destination) Incoterms® 2010 a - 2B GUIDANCE NOTE “This rule maybe used irrespective ofthe mode of ransport selected and ‘may also he used where more than one mode of anspor is employed. “Delivered at Place” means that the seller delivers when the goods are piced at the disposal of the buyer on the arriving means of transport realy for unloading at the named place of destination. The seller bears al isks involved in bringing the goods to the named place. “The parties are well advised to spedily as clearly as possible the point ‘within the agreed place of eestination, asthe risks to that point are for the account of the sellee The seller Is advised to procure contacts of ‘arrage tha math this cholce precisely. If the seller incurs costs under its contract of eatiage related to unloading atthe place of destination, the seller not entitled to recover such costs from the buyer unless ‘orherwise agreed between the parties. DAP cequites the seller to clear the goods for export, where applicable However the seller has no obligation 10 clear the goods for import, pay any Inport duty or carry out any import customs formalles. IF the partes wish the seller o lea the good fo import, pay any import duty ‘nd ety oUt any import customs formalities, the DDP term should he sed. on Incemational Chamber of Commerce a 2 a3 a THE SELLER'S OBUGATIONS General obligations of the seller ‘The seller must provide the goods and the commercial invoice in ‘conformity with the contract of sale and any other evidence of ‘font at aay be eequlsed by dhe contact Any document referral 10 In ALAIO may be an equivalent electronic record or procedure iFagreed between the parties oF customary, Licences, authorizations, securty clearances and other formaities, ‘Where applicable, the seller mast obtain, at is ewn ise and expense, any export lence and other official authorization and tary out all customs formalities necessary forthe export of the goods anc for their tansport through any country prior 10 delivery Contracts of catiage and insurance 4) Contract of eneriage “The seller muse contract ails own expense forthe carriage ofthe _goods to the named pce of destination or co the agreed point, if any atthe named place of destination. If specific point fs not agreed or isnot determined by practice, the seller may select the point at the named place of destination chat best suis is purpose by Contract of insurance The seller has no obligation co the buyer to make a contact of insurance, However, the seller must provide the buyer, at the buyers request, risk, and expense (fan), with information that the buyer needs for obtaining insurance Delivery ‘The seller must deliver the goods by placing them at the disposal fof the buyer on the ariving, means of transport seady for ‘unloading ar the agreed point, i any, at the ramed place of ‘destination on the agreed date or within the agreed perio 81 82 83 Ineoterms® 2010 THE BUYER'S OBLIGATIONS General obigations of the buyer ‘The buyer must pay the price ofthe goods as provided in the contact of sale Any document refered to in BL-B10 may be an equivalent electronic record or procodure f agreed between the partis oF customary. LUcences, authorizations, secuty clearances and other Tormalives Where applicable, dhe buyer must Oba, at is own risk and expense, any import licence or other offical authortation and curry out all customs formalities for the import of the woods Contracts of cariage and insurance a) Contact ofcariage “The buyer has no obligation tothe seller to make a contract of| carriage ) Contract of insurance The buyer has no obligation 0 the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, withthe necessary information for obtaining insurance Taking delvery “The buyer must ake delivery of the goods when they have beea delivered as envisaged In A, 6 Intemational Chamber of Commerce as Al Transfer of risks “The seller bears all sls of loss of or damage 10 the goods unt they have been delivered in accordance with 4, withthe exepbon ff loss of damage in the circumstances described in BS. Allocation of costs “The seller must pay 4) in aidition to costs resulting from AS 2), al costs relating to the ‘poods unl they have been delivered in accordance with A ther than those payable by the buyer as envisaged in BS, by any charges for unloading atthe place of destination that were for the seller's account under the contract of culage; and © where applicahle, the costs of customs formalities nevessary for ‘export as well a all ties, taxes and other charges payable upon ‘export and the costs for their transport through any county, prior to delivery in accordance with Af Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures chat are normally necessary (0 tenable the yer to take delivery of the goous 85 87 Incoterms 2010 Transfer of risks ‘The buyer bears ll sks of lass of or damage to the gots from the tine they have heen delivered as envisage in MA 4 8) the buyer fils to full it obligations in accordance with B2, ‘then i eas al esting sks of loss oF or damage to the goods b) the buyer fils to give notice ia accordance with B57, then bears al risks oFloss of or damage tothe goods rom the agree date or the expiry date ofthe agree period for delivery, provided that the goods have been clearly identified as the contract goods. ‘Allocation of costs The buyer must pay 8) all cost relating to the goods from the time they have been divered as envisaged in Ads by all costs of unloading necessary to take delivery ofthe goods from the arriving means of transport at the named place of destination, unless suc costs were or the seller's account under the contrac of earage; © any additional costs incurred by the seller ifthe buyer falls 0 {alt is obligations in accorance with B2 oF 10 give notice in sccordance with B7, provided thatthe goods have been clearly ‘dented as the contract goods and «where applicable, the costs of eustoms formalities a well 8 al des, saxes and eter charges payable upon import ofthe goals. Notices to the seller ‘The buyer must, whenever it is ended to determine the time ‘within an agreed period andor the poin of aking delivery within the named place of destiation, give the seller suficent notice thereat | : I ‘ i 6 i ! § Invemationa Chamber of Commerce 9 Ao Deilvery document ‘The seller must provide the buyer, atthe sll’ expense, with a document enabling the buyer to tke delivery of the goods as envisaged in AA. ‘checking ~ packaging - marking The seller mast pay the costs of those checking operations (such as checking. quality, measuring, Weighing, counting) that are necessary for the purpose of delivering the goods in accordance with 4, a6 well as the costs of any preshipment inspection mandated by the authority ofthe country of export The seller must, a is own expense, package the goods, unless it ts usual for the particule trade to transport the fype of goods sold unpackaged. ‘The seller may package the goods in the ‘manner appropriate for their wansport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately Assistance with Information and related costs ‘The seller must, where applicable, Ina timely manner, provide to or render assistance in obtaining forthe buyes, atthe buyer's equest, isle and expense, any documents and information, tnclucing security-related snformation, thatthe buyer needs for the import of the goods andr for their wansport to the final destination. “The seller must reimburse the buyer for all cos and charges incurred by the bujer in providing or rendering assistance in obiaining documents and information as envisaged in BIO. 88 2 B10 Incoterms® 2010 Proot of delivery ‘The buyer must accept the delivery document provided as envisaged in AS, Inspection of goods ‘The buyer must pay the costs of any mandatory preshipment Inspection, except when such inspection is mandated by the authorities af che country of export Assistance vith information and related costs The buyer must, sa a timely manner, advise the seller of any security information requirements so thatthe seller may comply ‘with A, ‘The buyer must reimburse the salle for all costs and charges Incurred hy the selles i providing or rendering assistance in obiaining documents and information as envisaged in ALO. ‘The buyer must, where applicable, ina timely manner, provide to fr render assistance in obvaining for the seller, atthe seller's equest, risk and expense, any documents and information Including security-related information thatthe seller nee or the ttansport and export ofthe goods and for thelr transport though any country DDP DELIVERED DUTY PAID. DP (insert named place of destination) Incoterms® 2010 a ~~ Bg GUIDANCE NOTE This rule may be used ierespective ofthe mode of anspor selected and _may also be used where more than one mode of transport is employed. ‘Delivered Duty aid means chat the seller delivers the goods when the ‘goes are placed atthe disposal of the buyer, cleared for import on the frtiving means of transport ready for unloading at the named place of ‘destination. The seller bear all che costs and risks ineolved in benging the gondls tothe place of destination and bas a obligation 10 clear the ‘Roos not only for export ut as for import, to pay any duty for both fexportand import and to carry out all custom formalities. DP represeats the maximum obligation forthe seller “The parties are well advised to spocy as clearly as passble the point within che agreod place of destination as the costs and risk o that point are for the account of the sellez The seller is advised to procure ‘sontacts of carriage that match ths choice precisely. Ifthe seller incurs casts under its contract of carriage related to unloading at the place of ‘estination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the partis ‘The parties are well ised not to use DDP ifthe seller is unable directly or indicetly to obtain import clearance. I the partes wish the buyer to bear all risks and costs of import clearance, the DAP rule should be used Any VST or other taxes payable upon import ae for the seller's account unless expressly agreed oxherwise inthe sale contact International Chamber of Commerce al a a M4 THE SELLER'S OBLIGATIONS General obigations ofthe seller The seller must provide the goods and the commercial invoice In conformity with the contract of sale and any other evidence of conformity that may be required by the contract. ‘Any document referred to In ALAID may be an equivalent electronic record or procedure f agreed between the pares oF LUcences, authorizations, security clearances and other formalities Where applicable, the seller must obmain, a ts own risk and ‘expense, any export and import licence and other offciat authorizition and carey out all customs formalities necessary for the export ofthe goods, for their transport through any country and for thei import Contracts of caiage and insurance. 8) Contract of carriage ‘The seller must contract tits own expense forthe carriage ofthe goods tothe named place of destination or to the agreed point, sang ac the named place of destination Ifa specie point is not ayreed or isnot deermined by practice, the seller may select the point at the named place of destination that best suits is purpose, ) Contract of insurance ‘The seller has no obligation to the buyer to male a contract of| Insurance. However, the seller must provide the buyer, at che buyer's request, risk, and expense (iFany), with information chat the buyer needs for obtaiing insurance. Delivery "The seller mase deliver the goods by placing them a the disposal Of the buyer on the araving, means of transport veady for ‘unloading at the agreed point, if any, at the named place of| destination on the agreed date or within the sgreed period 82 83 Incoterms ® 2010 THE BUYER'S OBLIGATIONS General obigations ofthe buyer “The buyer must pay the price of the goods as provided In the contact of sale ‘Any document referred (0 In BL-BIO may be an equivalent electronic recor or procedure iFagreed berween the parties or customary, Licences, authorizations, security clearances andl other formalities \Where applicable, the buyer must provide assistance tothe seller, athe seller's request, ral and expense, in obsaining any import Heence of other offical authortation for the import of the ‘goods Contracts of cariage end insurance: 8) Contact of earmage The buyer bas no obligation to the seller to make a contract of catrage. ) Conuaet of insurance ‘The buyer has no obligation tothe seller to make a contract of| insurance. However, the buyer must provide the seller, upon request, with the necessary information for obaining insurance. Taking delivery "The buyer must ake delivery of the goods when they have been delivered as envisaged in A n 7” Intemational Camber of Commerce as A a a Transfer of rks The seller bears all risks of loss of or damage tothe goods unt they have been delivered in accordance with Ad, with the ‘exception ofless or damage inthe circumstances described in BS Allocation of costs ‘The seller must pay 4) in action co costs resulting from 8), al costs relating to the goods unt they have been delivered in accordance with A, ‘ther than those payable by the buyer as envisaged in B, any charges for unloading atthe place of destination that were forthe seller's account under the contract of carage; and ©) where applicable, the costs of customs formalities, necessary for export anc import as well all duties, taxes and other charges payable upon export and import ofthe goed, and the ‘costs forthe tsinspoet through any county prior to delivery in accortance with M4 Notices to the buyer ‘The seller must give the buyer any notice needed! In onder to allow the buyer to take measures that are normally necessary to ‘enable the buyer to take delivery of the goods. Delivery document ‘The seller must provide the buyer, atthe seller's expense, with a document enabling the buyer tb tke delivery ofthe goods as ccnvsaged in AA, as 86 87 Incoterms 2010 Transfer of risks ‘The buyer bears al sks of loss of or damage to che goods from the ime they have been delivered as envisaged in 4 7 8) the buyer fal 0 fulfil is obligations in accordance with 2, ‘then it bearsall resulting sks of loss of or damage tothe goods, by the buyer fils to give notice in accordance with 17, then ie bears al risks of loss of or damage to the goods from the agrees date or the expiry date ofthe agreed period for delivery, provided that the goods have been clearly idenciied as the contract oot. Allocation of costs ‘The buyer must pay all costs relating to the goods ftom the ime they have been delivered as envisage in Ad; al costs of unioating necessary to take delivery ofthe goods from the arving means of transport at the named place of “destination, unless such costs were fr the seller’ account under the contrat of carriages and ©) any additonal costs incurred ii ills ro Full ts obligations in secontance wth BZ oF 10 give notice in accordance with B7, provided that the goods have been clearly sdentiied as the ntact gooxls. Notices to the seller ‘The buyer must whenever i$ entitled to derermine the hme ‘within an agreed period andi the point of tang delivery within the named place of destination, give the seller sufficient notice thereot Proof of delivery ‘The buyer must accept the proof oF delivery provided as envisaged in AS, 8 ™ International chamber of Commerce a Ato Checking ~ packaging - marking ‘The seller must pay the costs of those checking aperations (such as checking quality, measuring, weighing, counting) chat are necessary forthe purpose of delivering the goods in accordance ‘with AA, a8 well as the costs of any pre-shipment inspection ‘mandated by the authonty ofthe country of export oF of import. ‘The seller must at its own expense, package the goo, unles it is usa for the particular trade to transport the type of goods Sold unpackaged. The seller may package the goods in the manner appropriate Tor their transport, unless the buyer has roid the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately ‘Assistance with infomation and related costs The seller must, where applicable in timely manner, provide to fe render assistance ia obeaining fr the buyer, atthe buyer's request, skeand expense, any documents and information, {including security-related informacion, that the buyer needs for the wansport of the goods to the final destination, where applicable, fom the named place of destination, ‘The seller must reimburse the buyer for all costs and charges {incurred by the buyer in providing or rendering assistance in ‘objaining documents and information as envisaged in B10. Incoterms@ 2010 89 Inspection of goods ‘he buyer has ao obligation to the seller pay the costs of any mandatory pre-shipment inspection mandated by the authorey (of the souniry af export oF of impor. B10 Assistance with information and related costs ‘The bayer muss, in a Gimely manner, advise the seller of any secuniy information requirements so thatthe seller may comply vwith Alo. ‘The bayer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in ‘byaining documents and information a8 envisaged in A10, “The buyer must, where applicable ina timely manner, provide 10 fo render assistance in obtaining for the seller, at the seller's request, sk and expense, any documents and information, Including security-related information, thatthe seller needs for the trinsport, export and import of the goods and for thee transport though any country. 1s RULES FOR SEA AND INLAND WATERWAY TRANSPORT FAS FREE ALONGSIDE SHIP FAS (Insert named port of shipment) Incoterms® 2010, GUIDANCE NOTE “This rule is tobe used only for sea oF land waterway transport “Prec Alongside Ship” means thatthe seller delivers when the goods are placed alongide che vessel (eg, 3 quay ora barge) nominated Dy the buyer atthe named port of shipment The risk of loss of or damage to the gooils passes when the goods ace alongside the sup, an the buyer bears all ost fom thar moment onwards ‘The partes ate well advised to specify as clear as possible the loading point atthe named port of shipment, a the costal risks 1 that point fare forthe account ofthe seller and these costs and associated handling charges may vary according co the practice ofthe port. ‘The seller requited either to deliver the goods alongs the ship or 10 procure goods already so delivered for shipment. The reference 10 “procue here eaters for mulkple sales down a chain (string sale’, particularly common in the commoxiy rads ‘where the goods are n containers, tis pial for the seller o hand the _goods over to the carer ata terminal and not alongs the vessel. In such situations, the FAS rule would be inappropriate, and the FCA rule should be used, TAS requires the seller to clear the goo for export, where applicable omever, the seller has no obligation to clear the goods for impor, pay ‘any import duty or carry out any import customs formalities Intemational Chamber of Commerce a a2 a = THE SELLERS OBLIGATIONS General obigations ofthe seller ‘The seller must provide the goods and the commercial inwie in conformity with the contract of sale and any other evidence of| conformity that may be required by the contac Any document refered to in ALAIO may be an equivalent electronic record or procedure f agreed between the parties or exstomary. LUcences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own sise and expense, any export licence or other offical authorization and ary out all customs formalities necessary forthe export of the ‘goods, Contracts of cariage and insurance 2) Contract of carriage ‘The seller has no obligation to the buyer to make a contract of| ‘arlage. However, ifrequested by the buyer orf iti comercial practice and the buyer does not give an instruction to the ‘contrary in cue time, the seller may contract for carrie on ws terms atthe buyer's risk and expense, In either case, the seller ‘may deine to make the contrat of carriage and, iit does, shall Promptly notify the buyer ) Contract of insurance The seller has no obligation to the buyer to make a contract of| insurance. However, the seller muse provide the buyer at the buyer's request, risk and expense (any), with infomation that the buyer necds for obtaining insurance. Detvery “The seller must deliver the goods either by placing them alongside the ship nominate by the buyer atthe leading poi, iCany, indicate by the buyer at the named port of shipment or by procuring the goods so delivered. In either case, the seller must deliver the goods on the agreed date or within te agreed Period and in the manner customary atthe port {tno specie louding point has been indicated by the buyer, the seller may select the point within the named port of shipment "hat best suits its purpose If the parties have agree chat delivery should take place within a period, the buyer has the opdon 10 ‘choose the dace within that perio. B a cy a Incoterme® 2010 THE BUYER'S OBLIGATIONS General obigations ofthe buyer ‘The buyer muse pay the price of the goods as provided in the ‘contact of sale, ‘Any document referred to in BLBIO may be an equivalent electronic record or procedure if agree berween the parties oF Licerces, authorizations, securty clearances andl other formalities \Where applicable, i s upto the buyer t0 obtain at is own risk and expense, any import licence oF other official authorization And carry out all customs formalities for the import of the goods and for their (anspor through any country Contacts of cariage and insurance 8) Gomrac of carage “The buyer must contact, at its own expense forthe carage of the go0ds from the named port of shipment, except where the ‘contact of erage i made by the seller as provided for n.A8 4). by Goncract oF insurance The nuyer has no obligation to the seller to make a contact of Taking delivery "The auyer must ake delivery ofthe goods when they have been deere as envisaged in Ad a > Intemational Chamber of Commerce AS Transfer of rss ‘The seller bears al sks of loss of or camage to the goods until they have been delivered in accordance with A‘ with the exception of los or damage in the circumstances described in Bs, A& —Allocation of costs The seller must pay 2) al costs relating tothe woods until they have been delivered in accordance with A4, other than those payable by the buyer 3s envisaged in B6, and ') where applicable, the costs of customs formalities necessary for export a5 wells all duces, taxes and other charges payable ‘upon export Notices to the buyer The seller must atthe buyer's tsk and expense, give the buyer sulficient notice ether that the goods have been delivered in| accordance with Ad or that the vessel as fled co tke the goods bwin the time aged. 8 8 Incoterms@ 2010 ‘ronser of risks “The buyer bears all sks of loss of oF damage to the goods from the time they have been delivered as envisaged in Ad « 8) the buyer fil to give notice in accordance with BY; oF the vessel nominated by the buyer falls to arrive on ime, oF fas to take the goorls or clses for cargo ealir than the ime notified in accordance with B7; then the buyer beas all sks of loss of or damage to the goods fiom the agreed date or the expiry date of the agreed peri for delivery, provided tha the goods have been clearly identified as the contract goods Allocation of costs ‘The buyer must pay a) all ests ceasing to the goods from the time they have been lived as envisage in Ad, except, where applicable, the costs ‘of eustoms formalities necessary for export a5 wells all duties, taxes al her charges payable upon export as referred to in ASD); any addtional costs incurred, ether because: (@ the buyer has failed 10 glve appropriate notice in sccortance with 87, oF (@) the vessel nominated by the buyer falls to arrive on time fs unable to take the goods, oF closes for cargo ealier than the time notified in accordance with BT, provided that the goods have been clearly identified as the contract goods; and © where applicable all duis, aes and other charges, as wells the custs oF carrying out customs formalities payable upon Import ofthe goods and the eoss for their transport through any cout Notices to the seller The buyer must ge the seller sufficient notice of the veel name, loading point and, where necessary the selected delivery lume within the agreed period. ‘etematonal Chamber of Commerce 8 9 aio Dellvery document “The seller must provide the buyer, atthe seller’ expense, with the usual proof thatthe goods have been delivered in acconance vwith A Unless such proof is a transport document, the seller must provide assistance to the buyer, at che buyer's request, rk and expense, in obaining a transpor document checking ~ packaging - marking “The seller mus pay the costs of thase checking operations (such 8 checking quabiy, measuring, weighing, counting) that are necessary for the purpose of delivering the gookls in accordance with Ad, as well as the casts of any preshipment inspection ‘mandated by the authority ofthe county of export. “The seller musta its own expense, package the goods, unless it is usual for the particular wrade to transpext the type of goods sold unpackiged, The seller may package the goods in the manner appropriate for thele transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale & concluded, Packaging is to be marked appropriately. Assistance with information and related costs ‘The seller mus, where applicable, in acimely manner, prewide to fo render asstance in obtaining forthe Duyet, atthe buyer's request, risk and expense, any documents and information, including securtyrelated information, hat the buyer needs for the import of the goods andor for their wansport to the final destination. ‘The seller must reimburse the buyer for all casts and charges Incurred by the buyer in providing or rendering asistance in ‘obtaining documents and information as envisaged in BO. 8 89 B10 wcaterme® 2010 Proof of delivery ‘the buyer must accept the proof of delivery provided as cevisiged in AB, Inspection of goods ‘The buyer must pay the costs of any mandatory preshipment Inspection, except when such inspection is mandated by the sauthoniles ofthe country of export Assistance with information and related costs ‘The buyer must, ln a timely manner, advise the seller of any secutly Information requirements so that the seller may comply | vith ALO, ‘The buyer must reimburse the seller for al costs and charges incurred by the seller in providing or rendering assistance in ‘obvaining documents snd information as envisaged in AIO. “The buyer must, where applicable, ina umely manner, provide to lr render assistance in obtaining for the seller, at the sellers request, risk and expense, any documents and information, including secunt-related information, thatthe seller neds for the transport and export of the goods and for thei transport through any county. 85 FOB FREE ON BOARD FOB (insert named port of shipment) Incoterms 2010 a, _-§ GUIDANCE NOTE "This rule 0 be used only for sea or inland waterway transport “Free on Board” means that the seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered. The ssk ofloss ofr damage to the goods passes when the goods areon board the vessel, and the buyer Thera costs from that moment onward ‘The seller is required either to deliver the goods on boar the vessel or to procure goods already so delivered for shipment. The reference to “procure” here caters for multiple sales down a chain (string sles’), particularly common inthe commodity tracks. FOB may not be appropriate where woods are handed over to the cartier before they are on board the vessel, for example goods in containers, ‘which are typically deliverel ata terminal. In such situations, the FCA rule should Be used FOB requires the seller to dear the goods for export, where applicable. Homever, the seller has no obligation t0 clear the goedls for impo, pay any impact duty or eary out any import customs formalities. a 88 Intemational Chamber of Commerce a “2 aM THE SELLERS OBLIGATIONS General obigations ofthe seller ‘The seller muse provide the goods and the commercial invoice in conformity with the contrat of sale and any other evidence of conformity that may be required by dhe contact Any document refered] t0 in AAI may be an equivalent electronic recor oF procedure if agreed berween the partes oF Licences, authorizations, securty clearances and other formalities, Where applicable, the seller must obtain, at its oven risk andl ‘expense, any export licence oe other official authorization andl ‘carryout all customs formalities necessary for the export ofthe pods Contracts of canage and insurance 2) Contact of carriage ‘The seller has no obligation tothe buyer to make a contract of| carriage, However, exquested by the buyer or iit is commercial prictice and the buyer does not give an instnaction to the ‘onary in cue time, the seller may contract for carriage on usta terms atthe buyers sk and expense. In elther case, the seller may decline to make the contract of eatiage and if it does, hall promptly notly the buyer 1) Gontract of insurance “The seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer's request, risk and expense (if any), with information that the buyer needs for obtaining insurance, Delvery ‘The seller must deliver the goods either by placing them on bart dhe vessel nominated by the buyer atthe loading poin, i Any, indicated by the buyer atthe named! port of shipment or by procuring the goods so delivered In either ease the seller must “liver the goosls onthe agreed date oe within the ageced period and in the manner customary atthe port. \fno speuific loading point has been indicated by the buyer, the seller may select the point within the named port of shipment that best suits ts pune. 82 83 e Incoterms @ 2010 THE BUYER'S OBLIGATIONS General obigations ofthe buyer The buyer must pay the price of the goods as proved sn the contract of sale ‘Any document referred to in BLAHIO may be an equivalent electronic record or procedure iFagroed between the parties OF Licences, authorizations, secuy clearances and other formaites, ‘Where applicable, i sup to the buyer to obtain, tis own Hk and expense, any import licence or other offal authorization fnd carry out all customs formalities for the import of the goods and for their transport through any country. Contracts of carriage end insurance 8) Contract of earnige ‘The buyer must contact, a is own expense forthe camtage of| the goods fom the named port of shipment, except where the contract of cartiage is made bythe seller as provided for in A3). by Contract of insurance ‘The buyer has no obligation to the seller to make a contract of| Taking delivery The buyer must take delivery ofthe goods when they have been delivered as envisaged in A, i i Intemational Chamber of Commerce Transfer of risks “The seller bears al sks of loss of or damage to che goods until they have been delivered in accordance with A4 with the exception of los or damage inthe ercumstances described in BS Allocation of costs ‘The seller must pay all costs relating tothe goods unl they have ben detivered in Jecordance with A other than those payable by the buyer as tevisiged in BG, and » ser apa th cos ston formas necessary or pin ela ucts an her cages able pon opt 8s Incoterms 2010 Transfer of risks The buyer bears all sks of loss of or damage to the goods from the time they have been delivered as envisaged in A4 " the buyer fas 10 aotfy the nomination of vessel in ‘aceortnce with BT, or the vessel nominated by the buyer falls 10 arive on time to enable the seller to comply with A4, is unable o ake the goods, br clases for cargo earlier than the time notified in accordance ‘with B7; then, the buyer bears ll sks of loss of or damage to the goods (© from the agreed date, orn the absence of an agreed dat, from the date notified by the seller under AT within the agyeed period, of, no sch date has been noted, (from the expiry dace of any agreed peri for delivery, provided that the goods have been clearly identified as the ‘contract goods. ‘Allocation of costs ‘The buyer must pay a) al costs relating to the goods from the time they have been iivered as envisaged in At, except wheze applicable, the Coss fof customs formalities necessary for export, as well sal utes, tees and other charges payable upon exports eerred ton ASL); any adlitional costs incurred, either because @ the buyer has failed to give appropriate novee in accordance with BT, oF @_the vessel nominate by the buyer fils 10 ariveon time, tunable to take dhe goods, or closes for cargo earir than the time notied in accordance with 87, provided that the goods have been clearly identiied as the ‘contract goods; and {© where applicable all duis, taxes and other changes, a8 well as the costs of carrying out customs formalties payable upon import ofthe goods and the costs for their transport through any count. om ” | i i Intemational Chamber of Commerce a ns a ato Notices to the buyer ‘The seller must, at the buyer's risk and expense, give the buyer sulfcent notice either thatthe goods have been delivered in accordance with A‘ or that the esse! has fled to ake the goods vithin the dime agreed Delivery document ‘The seller mas provide the buyer, atthe seller’ expense, with ‘he usual proof thatthe goods have been delivered in accordance swith A Unless such proof is a trangport document, the seller must provide assistance ro the buyer a the buyer's request, isk and ‘expense, in obtalning a tansport document Checking ~ packaging - marking ‘The seller must pay the costs of those checking operations (uch as checking quality, measuring, weighing, counting) thar ane ‘necessary fr the purpose of delivering the goodls in accorlance with Ad, as well as the costs of any preshipment inspection ‘mandated by the authority of the country of expoxt. “The seller must, a ts own expense, package the goods, unless it {is usual for the particular ade to transport the type of goods sold unpackaged, The seller may package the goods in the manner appropriate for thele transport, Unless the buyer has notified the seller of specific packaging requirements before the ‘contract of sale & concluded, Packaging Is to be marked appropriately. Assistance with information and related costs ‘The seller must, where applicable, sna timely manner, provide 10 cr render assistance in obtaining forthe buyer, atthe buyer's request, sk and expense, any documents and Information, Inchiding security-related formation, that the buyer needs for the import ofthe goods ance for theic transport co the final destination “The seller must reimburse the buyer forall costs and changes Incurred by the buyer in providing or rendering assistance in ‘obtaining documents and information 2s envisaged in BO. 87 88 89 B10 Incoterms £010 Notices to the seller ‘The buyer must give the selersulficient notte of the vessel name, loading point and, where necessary, the selected delivery time within che agreed perio Proof of delivery ‘The buyer must accept the proof of delivery provided as ‘envisaged in AB Inspection of goods ‘The buyer must pay the costs of any mandatory pre-shipment fnspeetion, except When such Inspection is mandated by the authorities ofthe country of expor. Assistance with information and related costs the buyer must, na timely manner, advise the seller of any security information requirements so that the seller may comply ‘with At, The buyer must reimburse the seller for all costs al charges sncurred by the seller in providing or rendering assistance in ‘obtaining documents and information as envisaged In ALD, ‘he buyer must, where applicable, ina timely manner, prowide 10 fr render assistance in obtaining for the seller, at the seller's request, risk and expense, aay documents and information, inlucing secsrity-relatel information, thatthe seller needs for the transport and export of the goods and for their transport through any county 93 CFR COST AND FREIGHT CER (insert named port of destination) Incoterms® 2010 GUIDANCE NOTE “This rule is tobe used only for sea or lntandl waterway transport. ‘Cost and Bright” means that the seller delves the goods on board the vessel or procures the goods already so delivered The rik of loss of or damage t the goouls passes when the goods are on board the vessel ‘The seller must eortact for and pay the costs and feighe necessary 10 bring the goods to die named port of destination. ‘When CPT, CIR CFR or CIP are used, the seller falls its obligation « deliver when it hands the goods over co the cartier in the manner specified in the chosen rule and not when the goods reach the place of destination ‘This rule has two erie points, because risk passes and costs are transferred at different places. While dhe contrat il slways specif a destination port, ft might noe specify the port of shipment, which is ‘where rise pases to the buyer If the shipment port of particule Ingerest t0 the burer, the parties are well advised to identify i as precisely as possible inthe contract. ‘The partes are welladvsed to dently as precisely as possible the point at the agreed pore of destination, as the costs to that point are for the account of the seler. "The seller Is advised to. procure contracts OF carriage that match this choice precisely. the seller incurs costs under its contract of earege related 10 unloaling a the specified point a the port destination, the seller is not ented 10 recover such costs from the buyer unless otherwise agreed between the parties 9s Te Te se Intemational Chamber of Commerce (CFR may not be appropriate where goods ae banded over to the earier belore they are on board the vessel, for example goods in containers, Which are typically delivered at a terminal. In such eitcumstances, the (CPT rule shouldbe used! CCFR requites the seller to clear the goods for expo, where applicable However the seller has no obligation to clear the goods for impor, pay any import duty or earry ext any import customs formals. 98 International Chamber of Commerce at 2 aM THE SELLER'S OBLIGATIONS General obligations ofthe seller The seller mast provide the goods and the commercial invoice in conformity with the eontract of sale and any other evidence of conformity that may be required by the contact. Any document refered to in ALAIO may be an equivalent lectronic record ar procedure iFagroed hetween the parties or customary. LUcences, authorizations, securily clearances and other formaities, Where applicable, the seller must obtain, at is own rise and expense, any export licence or other offical authorization and ‘atry out ll customs formalities necessary for the export ofthe ood, Contracts of cartiage and insurance 8) Contract of earriage The seller must contractor procure a contrat forthe carage of| the goods from the agreed point of delivery, If any, atthe place of delivery to the named port of destination or, f agreed, any point at that port. The contrat of cariage must be made on stat termsat the seller's expense and provide for cariage bythe usual route ina vessel ofthe type normally used for the ransport of| the typeof goods sol. b) Contract oF insurance ‘The seller has no obligation to the buyer to make a contract of| insurance. However, the seller mast provide the buyer, atthe buyer's request, risk, and expense Gf any), with information chat the buyer needs or obtaining insurance Delvery The seller must deliver the goouls either by placing them on board the vessel orby procuring the woods so delivered [nether case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary atthe port et 22 Ineoterm® 2010 THE BUYER'S OBLIGATIONS General obigations ofthe buyer ‘The buyer must pay the price ofthe goods as provided in the contract of sale Any dacument referred to in BLBIO. may be an equivalent clecttonic record or procedure i agreed between the pits of ccstomary. LUcences, authorizations, security clearances and other formalities Where applicable, i up tothe buyer to obtain, ats own risk anc! expense, any impor lence or other lial auherization| dnc! cay out all customs formalities for the import of the goods fan for theie transport dhough aay count. Contracts of carriage end insurance 2) Contact of eariage ‘The buyer has 90 obligation to the seller to make a coxtract of cacriage 'b) Contract of insurance “The buyer has no obligation 1 the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance: Taking delivery ‘The buyer must take delivery of the goods when they have been delivered as envisage! In Af and receive them Fom the ‘aie at the named port of destination. i : | | ; 100 Invemaional Chamber of Commerce as > Transfer of risks The seller bears al sisks of loss of or damage to the goods wi they hive been delivered in accordance wth AG, with the exception of loss or damage in the circumstances described in BS, Allocation of costs ‘the sller must pay 2) all costs relating tothe goods unt they have been delivered in accordance with 4, ther than those payable by the buyer as envisaged in BG; by the fcight and all other costs resulting from AS 3), including the costs of leading the goods on board and any ebarges for unloading. at the agreed port of discharge that were for the seller's account under the contract of eariage; and (©) where applicable, the costs of customs formalities necessary For expoet as well s all duties, exes and other charges payable lupon export, and the costs for their transport thmugh any ‘eountry that were forthe seller's account unxler the contract oF carriage Notices to the buyer “The seller muse give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary 10 enable the buyer to ake the goods. 85 86 87 Incoterms 2010 Transfer of risks ‘he buyer beats al sks of loss of or damage to the goods from the time they have been delivered as envisaged in Ad IF the buyer fils 10 give notice in accordance with B7, them it hear ll ks of loss of or damage to the goods from the agreed date oF the expty date of the agieed period for shipment, provided that the goods hawe been clearly identified as the ‘contract goods Allocation of costs “The buyer must, subject tothe provisions of A 8), pay 2) ll costs telating fo the goods fom the time they have been ‘ellvered a6 envisaged in Ad, except, where applicable, the costs ‘of customs formalities necessary for export a well a5 al ties, taxes, and other changes payable upon exports refer ton AB), by allcoss and charges relating to the goods while in transit uni theie arrival at the port of destination, unless such costs and charges were for the selle’s account under the coatract of cxiage: © unloading casts including lightenge and wharfage charges, unless such costs andl charges were fer the seller's account under the contract of extiage; 4) any axletional costs incurred if i fails (0 ge novice tn ‘accordance with BY, fom the agrece date or the expiry date of the agreed pesiod for shipment, previded that the goods have been clearly klentified as the contract goods; and ©) where applicable, all dies, taxes an other charges, as well a8 the costs of carrying our customs formalities payable upon Import ofthe goods and the cots for heir transport through any country unless included within the cost of the contract oF canage Notices to the seller The buyer must, whenever entitled to determine dhe time for shipping the goods aneor the pont of receiving the goods ‘within the named port of destinen, give the seller sufficient notice thereot 01 & Intemational Chamber of Commerce a8 ro x10 Deinery document ‘The seller must, atts own expense, provide the buyer without lay with the usual transport document for the agreed port of ‘destination ‘This transport document aust cover the contract goods, be dated within the period agreed for shipment, enable the buyer to faim the goods from the carrer at the port of destination and tunless otherwise agreed, enable the buyer 10 sell the goods in transit by the transfer ofthe document to a subsequent buyer oF by notification to the carrier. \when such a transport document i issued in negotiable form snd in several originals, full set of originals must be presented tothe buyer, ‘checking ~ packaging - marking “The seller must pay the costs of those checking operations (such as checking quality, measurig, weighing, counting) dat are pecessry for the purpose of delivering the goods in accordance ‘th AA, ar well the costs of any preshipment inspection ‘mandated by the authorty of the counery of export “The seller musta is own expense, package the goods, unles it {is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in che manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the ccontnict of sale 1s concluded. Packaging is to be marked appropriately ‘Assistance with information and related costs ‘The seller mus, where applicable, in a timely manner, provide to fo render assistance in obtaining for the buyer, atthe buyer's recqest, risk ancl expense, any documents and information, including security-related information, thatthe buyer needs for the import ofthe goods andor for their transport fo the final destination The seller must reimburse the buyer for all costs and charges incurred by the bujer in providing or rendering assistance in ‘obtaining documents and information as envisaged in BIO. 88 9 810 tncotermsm 2010 Proof of delvery ‘The buyer must accept the transport document provided as envisiged in AS F138 i conformity with the contract Inspection of goods “The buyer must pay the costs of any mandatory preshipment inspection, except when such iaspection is mandated By the authonties ofthe country of export. “Assistance with information and related costs Te buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply swith A, ‘he buyer must reimburse the seller for al costs and charges Incurred by the seller in providing or rendering assistance ia ‘obtaining documents and information 2s envisaged in AO ‘The buyer must, where aplicable, na timely manner, provide to (or render assistance in obtaining for the seller, at the seller's Fest, risk andl expense, any documents and information, Inclucing secorty-ceared information, that the seller needs for the transport and export of the goods and for their transport though any counery 103 CIF COST INSURANCE AND FREIGHT CAE (insert named port of destination) Incoterms® 2010 GUIDANCE NOTE “This rules tobe used nly for sea oF iland waterway transport, ‘Coat, Insurance nl Freight” means that the seller delivers the goods on board the vessel or procures the goods alread so delivered. The risk of loss of or damage to the goods passes when the goods ae on board the vessel. The seller must contract for and pay the costs and freight necessary t bring the goods o the named port of destination, The seller also contracts fr insurance cover against the buyer's risk of lass of or damage to the goods during the carriage. The buyer should ‘note that under CIF the seller is required (0 obtain insurance oaly on minimum cover. Should the buyer wish to have more insurance ‘protection it will ned either to agree as much expeessy with the seller ‘OF to make is own extra insurance arrangements ‘When CPT, CIP, CFR, oF CIF are used, the seller full its obligation 10 deliver when it hands the goouls over to the carier in the manner specified inthe chosen rule and not wen the goods reach the place of destination ‘This rule has two erktcal points, because visk passes ane costs are transfered at different places. While the contract will always specify 2 destination port might not specify the port of shipment, which is ‘where rs passes to the buyer Ifthe shipment port is of particular imterest to the buyer, the parties are well advised 10 Wentiy it as precisely ae possible in the contract, 108 106 Intemational Chamber of Commerce “The parties are well advised 10 klenlly as precisely as possile the point atthe agreed port of destination, as the costs to that point are for the account of the seller The seller is agvised to procire contracts of ‘atrlage that match ths choice precisely. Ifthe seer incurs costs under fits contract of carnage related 16 Unloaling at the specified point a he port of destination, the seller is no ended o recover such costs from the buyer unless otherwise agree between the parties, ‘The sale is required either to deliver the goods on boan the vessel oF ‘o procure gooul already so delivered for shipment to the destination, In aldion the seller is required either wo make a contract of carriage oF to procure such a contract. The reference to “procure” here caters for multiple sales down a chain (sting sale’), particularly common ia the ‘commedity trades, CIF may not be appropriate where goods ae handed over to the cartier Defore they are on board the vesel, for example goods in containers, ‘which ace pial delivered! at 2 terminal In such ereumstances, the (CWP rule should be used, CCF requires the seller to clear the goods for export, where applicable However, the seller has ao obligation to clea the ous for import, pay ny Import duty or carry out any import customs formalities, Intemational amber of Commerce A a2 THE SELLERS OBLIGATIONS General obigations ofthe seller ‘The seller must provide the goods and the commercial inoice in conformity wih the contract of sale and any other evidence of| ‘conformity that may be required by the contrac. Any document referred 0 ia ALAIO. may be an equivalent electronic record or procedure Fagreed berween the parties or customary. LUcences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at is own rise and expense, any export licence or other offical audhorzaion and carry out all customs formalities necessary for the expoet ofthe ood ry 82 Incoterms 9010 ‘THE BUYER'S OBLIGATIONS, General obigations of the buyer The buyer must pay the price ofthe gooks as provided in the contac of sae, Any document referred 10 in BI-BIN may be an equivalent clectronic recor or procedure fagresdl between the parties or Licences, authorizations, secuy clearances andl formalities \Where applicable, is up to the buyer t obiain, a its own risk and expense, any import licence or eer official authorization land carry out all customs formalies for the import of the ‘goede and for thelr wansport through any country. 109 0 Insmatonal chamber of Commerce M4 Contracts of cantiage and insurance: 4) Contract of exenage “The seller must contractor procure a contract forthe carriage of the goods from the agreed point of delivery, fany, at che place of delivery tothe named port of destination of, ifagreed, any point at that port. The contract of earsiage must be made on usual terms at the sellers expense and provide for carsiage by the usual route ina vessel ofthe type normally used for the transport of | the type of goods sol by Contract of insurance ‘The seller must obtain, at Is Own expense, cargo insurance complying at least with the minimum cover provided by Clauses (©) of the Institute Cango Clauses (LMIMTUA) oF any similar causes. The insurance shall be contracted with underwriters oF ‘an insurance company of good repute and entitle the buyer, or any other person having an iosurable interest in the goods, 0 claim directly fom the insures ‘when requited by the buyer, the seller shal, subject co the buyer providing any necessary information requested by the seller, provide at the buyer's expense any additional cover, If Drocurable, such as cover as provided by Clauses (A) o¢ (8) ofthe Institute Cargo Clauses (MA/UA) oF any similar causes andor ‘cover complying with the Institute War Clauses andor Institute Strkes Clauses (MAIL) or any similar clauses. “The insurance shall cover at a minimum, the price provided in the contract pis 10% (1, 110%) and shal be in the currency of the contract, ‘The insurance shall cover the goods from the point of delivery set out in Ad and AS to at least the named port of destination. “The seller must provide the buyer with the insurance policy or other evidence of insurance cover Moreover, the seller must provide the buyer, at the buyer's Fequest, rik, and expense (if any), with information dat the buyer needs to procure any additonal insurance. Delivery the seller must deliver the goexls elther by placing them on our the vessel or by procuring the goods so delivered. In either ‘ease, the seller must deliver the goods on the agreed date or ‘within the agreed period an] in the manner customary at the por. 83 4 Ineoterm® 2010 Contraets of canage and insurance 2) Contract of easiage ‘The buyer has no obligation to the seller to make a contract of coalage. 1) Gootraet of insurance The buyer has no obligation to the seller to make a contrct of insurance. However, the buyer must provide the seller, upon request, with any information necessary forthe seller vo procure ‘any additonal sosurance requested by the buyer as envisaged in 23D). Taking delvery| “The buyer must take delivery of he goouls when they have been liver as envisaged in At and receive the rom the carrer at the named! port of destination. 12 Intemationdl Chamber of Commerce rs Transfer of risks The seller bears al risk of loss of or damage tothe goodls until they have been delivered) in. accordance with Ad, with the ‘exception of los or damage in the circumstances described in bs, ‘Allocation of costs The seller ust pay )allcosts relating tothe goods until they have been delivered in accordance with Ad, other than those payable by the buyer as tenvisaged in BG; by the freight and allocher costs resulting from A3 2), incloding the costs of loading the goods on boar and any charges for unloading at che agreed pore of discharge chat were for the seller's account under the contract of carlag; ©) the costs of insurance resulting ftom AS by and 1 where applicable, the costs of customs formalities necessary for expor, as well tall duties, tates and other charges payable ‘upon export, and the costs for their transport through any country that were foc the seller's account under the contract | caring Incoterms 2010 Transfer of risks ‘The buyer bea all risks of loss of or damage to the goods from the time they have been delivered as envisaged in Ad IF the buyer fils to glve notice in accordance with B?, then it bears al risks of ss of oF damage to the goods From the agreed date or the expley date of the agreed period for shipment, provided that the goods have been clearly identified as the contact goo ‘Allocation of costs "he bayer must, subject tothe prewisions of A3 ), pay a) all casts relating to the goods from the time they have been lived as envisaged in Ad, except, where applicable, the costs ‘of customs formalities necessary for export, a8 well a all duties, taxes and other charges payable upon export a referred to in AS ; by allcosts and charges relating othe goods while in transit uni theie arrival atthe port of destination, unless such costs and ‘charges ‘ere for the seller's account under the contract of| ccartage ©) unloading costs including lighterage and whatfage charges, ‘unless such costs and charges were forthe seller's account under the contract of easages 1) any addtional costs Incurred If Ie fills 19 give noice in accordance with B7, from the agreed date or the expity date of the agreed period for shipment, provided thatthe goods have been clearly identified asthe contract goods ©) where applicabe all dries, taxes and other charges, as wellas the ensts of carying out customs formalities payable upon import of the goods and the eosts for cele transport through any country, unless Included! within the cast of the contract of ‘arsage; and 1 the costs of any addtional insurance procured at the buyer's rexqest under A3b) and BB b). 13 International Chamber of Commerce al a9 Notices to the buyer The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary 10 enable the bayer to take the goods Delivery document ‘The seller must, aris own expense provide the buyer without delay with the usual ransport document for the agreed port of| destination ‘This transport document must cover the contract goods, be lated within the period agreed for shipment, enable the buyer to ‘aim the goods from the cari a the port of destination and, unless otherwise agreed, cnable the buyer to sell the goods in transit by the tansfer ofthe dacument roa subsequent buyer ot by notication to the carrier \When such a transport document is issued in negotiable Form ani in several anginas, a fll sx of originals must be presented tothe buyer, Checking ~ packaging - marking “The seller mus pay the costs of thase checking operations (such a8 checking quality, measuring, weighing, counting) that are recessary forthe purpese of delivering the goods in accordance with Ad, as well as the costs of any preshipment inspection ‘mandated by the authodty ofthe country of export “The seller must at its own expense, package the goods, unless it 's usual for the parila trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for thei transport, unless the buyer has notified the seller of speciic packaging requirements before the contract of sale is concluded. Packaging # to be marked appropriately. Incoterms @ 9010 87 Notices tothe seller ‘The buyer must, whenever tis ented determine the time for shipping the goods andor the point of receiving the goods within the named port of destination, give the seller suficient notice thereat 83 Proof of detvery The buyer must accept the transpor document provided as envisaged in AS fit isn conformity wth the contract. 89 Inspection of goods ‘The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspedion Is mandated by the authorities of the country of export us Intemational hamber of Commerce ‘A10_ Assistance with information and related costs ‘he seller must, where applicable, ina timely manner, povie 10 fr render assistance in obtaining for che buyer, at the buyer's roquest, risk and expense, any documents. and. information, Including security elated Information, that the buyer needs fr the impor of the goods andor for their transport «0 the final destination. ‘The seller must reimburse the buyer forall costs and charges Incurred by the buyer ip providing or rendering assistance in ‘obsaining documents and information as envisaged in 1. B10 Incoterms® 2010 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any secunity information requirements so that the seller may comply swith ALO, “The buyer must reimburse the seller fr all costs and charges incurred! by the seller in prowding oF rendering assistance In ‘obtaining documents and information as envisaged in ALD. ‘The buyer must, where applicable, in timely manner, provide to for render assistance in obtaining for the seller, at the seller's rexquest, rike and expense, any documents and information, Including securty-ceated information, that the seller needs for the transport and export of the gookl and for their transport "hough any country, “7 _ INCOTERMS® 2010 DRAFTING GROUP “The Incoterms 2010 rules were drafted by selec nterntional group (OF ICC member experts, in consultation with the broader global ICC ‘membership through the neework of ICC national commitiees. The wide ‘geographical and sexton scope ofthe consulate proces ensures hat the Inctcrms® 2010 rues reft the current celles of international trade and respond to business needs everyaiere CO-CHAIRS CHARLES DERATTISTA, (Charles Debauista is an active arbitrator in fcernavional trade disputes and takes appointments under ICC and other Institutional rules, He is ako a Registered uropean Layer with the Bar of England and Wales and accepts Instructions a5 counsel before intemational arbitral cibunals Mr Debattista also a professor of Commerc La at the University of Southampton ia the UK. He has written many books and articles on ‘international sale contracts, the cariage of goods by sea and letters of credit, He is a member of ICC's Commerc Law and Practice Commission, of the Banking Commission and of the Transport Commission,” He wis Chair of tho tncoteems 2000 Deafting Group and Go-Chair of the Incoterms 2010 Drafting Grown, (CHRISTOPH MARTIN RADTKE, Mr Radke is partner of dhe French lw frm Lamy 8 Assocs, He leads the fim’ international team ad specializes in international trade law, agency and dlstbution, EC law, French and German business Jaw, international arbitration, and international ligation. Admitted at the French and the German ar, Mr Rackke has published articles on inereational contract law and arbitration and bas taught atthe Parisbased Institut de Brow Compacé In addition 10 his role on the Incoserms® 201¢ thing Group, Mr Radke is Chair of the Commercial Law and Practice Commission of ICC France, and Vice Chait of the Freach-Germas Tawyers' Association, He lectures widely on the Incoterms rules snd has contabuted t0 ICC snyadel contetcs inliding the ICC Model Distrbutorship Contract and ‘the Commercial Agency Contract, a5 well as to the ICC Legal Handbook fn Global Sourcing Contract, 19 a Intemational Chamber of Commerce DRAFTING GROUP MEMBI JENS BREDOW Jens Bretiow is the Secretary General of the ‘German Institution of Arbitration in Cologne and an arenes in private peace, spectalng in international trie law ancl arbitration. In Addition, he serves as an aiser to the German Ministy of Juste as a participant in UNCETRALS Working Party on Arbitration and Conciliation, and is also a lecturer at Bonn Universi He is also an experienced arbitrator, serving frequently as chair or sole arbitrator in ange of ntermadional proceedings. Mr Bredlow, the former Diector of ICC Germany, was also a member of ‘the Drafing Groups that revise the Incoterms rales in 191 and 2000. He currently sis on the Incoterms rules Panel of Experts JOHNNY HERRE Professor Jonny Herre is a Supreme Court Justice a the Supreme Court of Sweden. Prior 1p joining the court, he spent many years a6 2 Professor at the Stockholm School of Bconomics, where he served a tenm as Head of the Department of Law and from whieh he ‘eared 4 Master of Science in Economies and Business and a PhD in Law, with a focus on ‘damages in sale of goods la In addition to publishing widely on issues rated to the sale of goods, contracts, the aw of obligations and consumer law Professor Herre has extensive experience in arbitration, Including a5 arbiator and chair of tribunals in international abil proceedings. A member of the Scudy Group on a Buropean Chil Code foe many years, he is currently Chair of ICC Sweden's group on Commercial Law and Practice. Incoterms 8010 Davi LowE AA partner at the London office of {international aw frm Wragge & Co LL, David Lowe leads the firm's ‘commercial contracts team. His ‘expertise isin adising supply chain lenis on the international supply fof goods. In this capacity, he has adised + jnveenatonal resales on sourcing products in the Far East + manulaceuess of industrial products on international tlstibution networks; ‘+ European distrbutors on import arrangements with Jnternational manulaecarers “+ international commodity traders ranging from bulk cement toon + Buopean manofctuters and eetlers on entering new International markers; and + international supplies entering che Buropean market. Me Lowe's experience of advising buyers and sellers of manufactured ‘goods (which are typically transported in containers) has shaped his fontnbutlon 10 Incotermst® 2010. Mr Lowe also chairs the ICC UK ‘Commercial Law and Practice Committee LAURE RAIS aus Rails, LLM. (Helsinle and London), LED. Gielsinks, is an attommeyatlaw ac Krogerus ‘torneys In Finland, He Is a member of the Finnish Bar. Dr Ratias i the former Secretary General of IC Finland and the former Secretary of the Abitsation Institute of the Central Chamber of Commerce of ile. His experience ane practice include imernational trade anc transport law, marine insurance and electronic ‘ommerce. Dr Rails has been involved in ade faclitation work under the auspices of the United Nations and has swnicten books and articles on international ade law. In addition to TIneoterms® 2010, Dr Ralls has contributed to various 1CC mode contracts, including the CC Model Internacional Sale Contract, He's also the Co Chir ofthe ICC Task Force oa Public Procurement. 101 a Intemational Chamber of Commerce [FRANK REYNOLDS Frank Reynokls is che President of Incernational Projects Inc, a US-based international trang and consulting fir Besces representing the US forthe Incoterms® 2000 and Incoterms 2010 revisions, he as written co-authored 16 books on various inremational trde topics including IOC's A 10 Z of International Trade dictionary. We also has writen over 300 columns for such international prubleations as the Journal of Commerce, The Exporter and ICC's Documentary Credit Insight. Mr Reynolds bas lectured throughout the US on such tade-related topies 28 the Incotermst rules, documentary credits, US feetrade agreements, export and impor procedures and the Harmonized System for over 25 yeas, He serve cn the US Commerce Departments District Export Counc for 22 years, and his international projects eeceived an Award for Export iscellence, te also holds a customs broker heence from the US Department of Homeland Security, Customs and Border Protection, MIROSLAV SUBERT Miroslav Subert holds a juris doctor degece from CChatles University ia Prague A longtime experton the Incoterms rules, he worked for many years at senlor management level in companies dealing ‘wth foreign trade, shipping and ferwarding inthe United Kingdom, Croatia, Belgium and the Gzech Republi Dr Subert currently serves as a lecturer at a ‘numberof institutions in Prague, inclulig the University of Beonomics, the Insttute for Foreign ae, TFansport and Forwarding and the Ferner Institute, He isthe Vice-Chair ofthe Czech Society fr Transport Law and ‘professional an legal adviser on foreign trae, transport and insurance to ICC Cosch Republic. He has written widely on. international wade ‘ssues, including books on snternational transport, sales and documentary credits and is a regular contsibutor to” professional Publiestions and newspapers. Dr Subeet swore a guide «0 Incoterms rules in 2000 andl as spearheaded the translation of recent versions of the Incarerms rules into Czech, Incoterms® 2010 ICC SECRETARIAT EMILY O°CONNOR Emily O'Connor is the Senior Policy Manager ofthe GC Commission on Commercial Law and Practice and oversaw the development of incoterms® 2010. p She joined the ICC International Secretariat in Paris in 2006, after several years at the US Counc for International Business in New York, where she ‘managed ftellectul property and competition lw Ms O'Gonaor graduated from Columbia Law School in New York, first practising inthe US Sete Department's Offce of the Legal Adviser, focusing ‘00 Incerational Court of Justice cases on the US application of the death ‘penalty to foreign nationals. She then practised international corporate law at Debevoise & Plimpson, working on future low equity suances, mergers and aequistions and a range of media deals, belore moving tO the international policy arena SHANE DA Shane Dalya graduate of the Nona Unensty otc Gavsy and Univesity Caley Londo, Spesltng in nteranal Comer aw wh Spurs Reston and craton Fb La MI Fe tts oor tom the Universi de Poi. aon to hs wok a anata 0 theese 2010 Drang Grou, Dal es tontsuted «0 other" projec ofthe ICC Commision on Somme Law and racic SP ering model contac. on merges. and Commence ava osnce sito in Duin in 201 a4 Intemational amber of Cmmerce ICC Dispute Resolution Incorporating one or moce ofthe Incoterms® rules into a contract does not in self constitute an agreement 1 use ICC dispute resolution ‘services, Contracting parties that wish t0 resort co one oF more or these serices in the event of a dispute should reach a specific and clear agreement to that effet. For this purpose, ICC offers suggested and Standard clauses that parties may incorporate into thelr contracts. Falling this, parties should agree on the use of ICC rules in an exchange of correspondence. 16C offers an array of services to help parties overcome disputes arising fom international trade, These services respon to diferent needs and differen situations Fach s governed by a set of rules defining a neutral procedure capable of accommodating cultural, linguistic and. legal Alvesity as well asthe specificities of given sectoes and activites. Arbitration, administered by the ICC fncernational Court of Arbitration, ‘generally leads to binding decision Issued by a tbunal of one or dee arbitrators. The decision is widely enforceable because of the legal recognition arbitration enjoys in almost al the wodd's tracing nations Amicable dispute resolution embraces varlous methods of dispute resolution that seek settlement by consensual means. The neutral third pry and the partes to the dispute decide on the settlement technique tabe used, which may be mediation, acuta evaluation, minitrial or a combination of diferent techniques. Dispute boars are ongoing bodles set up for the duration of a contract, toresolve disputes us and wien they arise ding the fe ofthe contract. Different types of dispute beards are avaiable, depending on the powers ‘the parties wish t0 grant tothe members of the boar ad the force of thet determinations Expertise consists of engaging a specialist to give an opinion on a matter reiting specialist knowledge and skills, such as technical, financial or legal knowhow. The services offered range from the search fora sultable ‘expert to the complete administration ofthe expert's mission. A specific service called DOCDEE Is oer! for disputes relating to documentary ‘credits, bank:to-bank reimbursements, collections and guarantees. For further information, inching ll rules and clauses, visit our dispute resolution pages at www.ieewbo.org, Incotems® 9010 Copyright notice and synopsis of trademark usage rules for Incoterms® 2010 CCopyrighe ©2010 tncernational Chamber of Commence (ICC) eer All igs JCC holds all copyright andl other intellectual property rights in this callecve work, No part of this work may be reproduced, copied, dlstnbuted, eansmitted, wanslated or adapted in any form or by any ‘means (whether graphic, electronic, or mechanical, and including, ‘without limiation, photocopying, scanning, recording, taping, or by use ‘of computer, the Internet or information retrieval systems) without the ‘writen permission of ICC through ICC. Services, Publications Department. “Incoverms Is reystered crdemark of the International Chamber of Commerce. Although ICC encourages and promotes the use ofthe Incotcrmst® rules by third parties in sales contracts in compliance with ICC's copyright poll, “Incoterms is nota generic term that may be use to designate Any trade terms, but isa trademark used to designate only the terms ‘devised by ICC and products and services from ICC Below are some rules on the correct usage of the “Incoterms” trademark Use the taclemark “Incoterms” ro refer only 1 ICC's Incoterms rules and other Incorerms® prochaets and services from ICC, = In text, use “Incoterms” as an aectiv, nota noun, Do not use “Incoterms without the intl etter as «capital letter. = Bo not use “Incoterm" without the final "s). An individual tee fiom the Incoterms® rules should be referred to as an Incoteeras® rl, and never as an “Tneoterm” = Use the registered trademark symbol ® next 10 the tademark "Incotesms" + Any use of the trademark “Incoterms” in association with products and services not from ICC requires licence from ICC. More information on the correct usage oF ICC's “Tacoterms" trademark cen be found on ICC's website on the Incoterms® rules at wwwicewbo.orglincoterms 3 Irtematonal Chamber of Commerce ICC at a glance 16Cis the world business organization, representative body that speaks with authority on behalf of enterprises from all sectors In every pal of the werk ‘The fundamental mission of 10¢ isto promote wade and Investment cross foatiers and help business cosporations meet the challenges and ‘opportunities of globalization. Its conviction that trace i a power force for peace andl prosperity dates from the organization’ origins arty in the last century. The smal group of frsighted busines laces who Founded ICC called themselves “the merchants of peace” Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across boners Although these rules are voluntary they ane observed in countless thousands of transactions every day and have become part ofthe fabric ‘of inrernational tide ICC also provides essential services, foremost among them the ICC Intemational Court of Arbitration, the work's lealing arbitral instiution, Another service is the World Chambers Feleration, IOC's weddwide network of chambers of commerce, fostering interaction and exchange ‘of chamber best practoe. Business leaders and experts drawn from the ICC membership establish the business stance on broad issues of trade andl investment policy 38, ‘well as on vital cechnical and sectoral subjects. These include financial services, information technologies, telecommunications, marketing ethics, the environment, transportation, competition lw and inellectual property. ICG enjoys a close working relationship with the United Nations and other intergovernmental organizations, including the World: Trade Organization, the G20 and the G8 ICC was founded in 1919. Today it groups thousands of member companies and assoctations fom Over” 120 countries. National committees work with their members w address the concerns oF business in their counties and convey to their governments the business views formulated by ICC. For more information, please vst wwwicewbo.org Incoterms@ 9010 Other Incoterms® 2010 products Available in October 2010 Guide to Incoterms® 2010 By Jan Ramberg ICC Pb N72 2010 ion Isunonso2si200025 Gulde to tncotcems® 2010 by renowned expert Jan Ramberg claries how the Incoterms eles wok together with other terms oF contract lf sale and contracts for carriage, insurance and payment. ‘This publication wil be invaluable for al those involved in international trade: exportes, importers, lawyers, freight forwarders Iacoterms® 2010 Wall Chart IGG Pub. No, 714, 2010 eon ISBN: 97890-01209 ‘This practical wallchart explains al 11 Incoteems® 2010 rues ata glans ideal for classrooms, offices or asa gf for business partners, Incoterms® 2010 Bilingual Engshyrene eison| TOG Pub, No. 715Hr TSUN: 782612.080-4 Bilingual etions In ather languages ace available from 10C national | ccommitees around the world. Dlease visit www.incoterms.com ‘oF wirwleebooks.com for more informatien ‘Training ICC Benes runs eraining courses on the Incorerms® 2010 rules, 5 well ss om international arbiration and negotiating international contracts for business people, corporate counsel, lawyers and legal prciioners involved in international rade wwwedecwbo.orglevents In the banking sector Uniform Rules for Demand Guarantees (URDG) CC Pub. No. 758, 2010 con isi Sra. Si20868 “The ICC tnform Rules for Demand Guarantees (URDG), ist adopted in 1951, reflect international standard pracuce im the use of demand uaranices. Further, they blance the legitimate inerests ofall pares Since ther adoption, the URDG have gained inemaional acceptance and otal reengntion by bankers, tides, industry assocltions al international onanvations including UNCITRAL, FIDIC andthe Wexld Bank, Aso available in French-English (lingual edition) Order at www.icchooks.com wt International Chamber of Consmerce ICC publications for global business ICC's lst of specinized publications cavers a range of topics including ingemational banking, international trade reference and rules (the Incoterms ® rules), law and arbitration, counterfeiting and Fad, model ‘commercial contracts and environmental sues ICC proxhucts are avaiable from ICC national cmmittes, which exist io ‘over 99 counties around the world, Contact details for national ‘committee in your country are vallable at www-icewbo.org You may also order ICC products cline fiom the ICC Business Bookstore at wwcicebooks,com, oF purchase them at the ICC Secretariat, located at the address below. ‘The world business organization ICC Publications 38 Cours Albert Ter 75008 Paris France Tel. +33 149532923 Pax, +33 14953 2902 email pub@iccwbo.ore Incoterms® 2010 by the International Chamber of Commerce (ICC) EXw FCA CPT CIP DAT DAP DDP FAS FOB CFR CIF Incoterms® rules define the responsibilities of buyers and sellers for the delivery of goods under sale contracts. They are the authoritative rules for determining how costs and risks are allocated to the parties. Incoterms rules are regularly incorporated into sale contracts worldwide and have become part of the daily language of trade. Incoterms® 2010 contains the ICC rules for use of the 11 Incoterms trading terms. It takes into account the latest developments in commercial practice, and updates and consolidates some of the former rules. All sale contracts should make reference to the Incoterms® 2010 rules as the latest version of the Incoterms rules. ICC has been writing and publishing the Incoterms rules for more than 70 years, providing importers, exporters, lawyers, transporters, insurers and students in the international arena with rules and guidance reflecting the latest developments in the trading environment. ‘The International Chamber of Commerce, the world business organization, based in Pars, is the global leader in the development of standards, rules and reference guides for international trade. ica \CC Publication No. 715E cece MIL Ieebooks.com

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