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Chapter 2 - Incoterms 2020 - Part 1
Chapter 2 - Incoterms 2020 - Part 1
FOREIGN
TRADE
OPERATIONS
INCOTERMS
CHAPTER 2
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IN THIS CHAPTER
General information
A brief history
Incoterms®2020
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2010 –
1980 – FRC (rise number of
of trade terms
containerization) reduced
1976 –
1990 – FRC => from 13 to
FOB Airport FCA 11
2000 – major 2020 – DPU
1953 – 3 replaces
non- changes to
maritime delivery section, DAT
1936 – 1st terms (FOR, making FCA far
edition (6 FOT, DCP) clearer & easier
trade terms 1967 – to use
relating to
carriage by DAF & DDP
sea
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- To avoid / reduce
uncertainties of • Obligations
different • Costs
interpretations of such • Risks
terms in different
countries.
INCOTERMS - SCOPE
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INCOTERMS - SCOPE
INCOTERMS® –
EXPLANATION OF THE
TERMS Carrier
Customs
formalities
Packaging Delivery
Delivery
document
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DELIVERY
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• 1/ Case 1: The seller shall bring the pizza from the seller’s
shop in Dist.1 to the buyer’s place in Huflit, Dist.10
• 2/ Case 2: The buyer shall come to the seller’shop and take
delivery of the pizza
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DELIVERY
DELIVERY
where the risk of loss or
damage passes from the
seller to the buyer
If loss/damage If loss/damage
occurs BEFORE the occurs AFTER the
point of delivery => point of delivery =>
the seller’s problem the buyer’s problem
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DELIVERY
This concept has
multiple meanings
in trade law and
practice, but in the
Incoterms rules, it
is used to indicate
where the risk of
loss or damage to
the goods passes
from the seller to
the buyer.
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Group D:
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INCOTERMS® 2020
EXW
DDP FCA
DPU FAS
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Incoterms
DAP rules FOB
2020
CIP CFR
CPT CIF
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EXW
DDP FCA
DPU FAS
1. Point of risk transfer?
2. Point of cost transfer?
3. Seller’s & buyer’s obgliations?
DAP FOB
4. Transportation method?
CIF CPT
CFR CIP
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EXW- INCOTERMS®2020
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EXW EX WORKS:
1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER
Seller’s Buyer’s
obligations obligations
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EXW EX WORKS
EXW + NAMED PLACE OF DELIVERY (INCOTERMS 2020)
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EXW EX WORKS
EXW + NAMED PLACE OF DELIVERY (INCOTERMS 2020)
VD. Huflit exports 1 MT of
Hòa Lộc mango to the US.
Trade terms: EXW
Point of risk transfer:
828 Su Van Hanh St.,
Dist.10, HCMC,
Vietnam
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EXW EX WORKS
EXW (INSERT NAMED PLACE OF DELIVERY)
(INCOTERMS 2020)
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Obligations EXW
EXW EX 1 Checking + packaging + marking
WORKS
EXW 2 Loading on means of transport at seller’s premises
(INSERT 3 Export clearance
NAMED 4 Delivery/transport document
PLACE 5 Domestic precarriage (inland freight) from seller’s premises to
OF place/port of shipment
DELIVER 6 Loading on (main) carriage
Y) 7 Contract of (main) carriage to named place/port of destination
10 Import clearance
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Delivery is completed:
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FCA 1:
At seller’s
premises
FCA 2:
At another
place
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FCA - INCOTERMS®2020
* Free Carrier - FCA (named place of delivery)
- If the named place is the Seller’s premises, the delivery is
completed when the goods have been loaded on the means of
transport provided by the Buyer.
- If the named place is a place other than the Seller’s premises,
the delivery is completed when the goods are placed at the
disposal of the carrier or another person nominated by the Buyer
on the Seller’s means of transport ready for unloading.
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FCA - INCOTERMS®2020
* Free Carrier - FCA (named place of delivery)
-The Buyer must instruct the Carrier to issue to the Seller an “on-
board” B/L.
-Where the Buyer has instructed the carrier to issue to the Seller a
transport document, the Seller must provide any
such document to the Buyer.
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Obligations
of the seller &
the buyer?
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10 Import clearance
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Seller’s Buyer’s
obligations obligations
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CPT FCA
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CPT - INCOTERMS®2020
* Carriage Paid To - CPT (place of destination)
-The Seller delivers the goods (and transfers the risk) to the Buyer by
handing them over to the carrier contracted by the Seller or by
procuring the goods so delivered.
-Note: 2 critical points:
+ Place of delivery: The risk passes when the goods are handed over
to the carrier (not until the goods reach the destination);
=> Identifying the place of delivery as precisely as possible. If a
place/point of delivery is not specified/agreed on, the default
position is when the goods have been delivered to the first carrier at
a point entirely of the seller’s choice.
+ Place of destination: The cost of carriage will be covered by the
seller until the goods reach the destination.
=> Identifying the destination as precisely as possible.
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CPT - INCOTERMS®2020
* Carriage Paid To - CPT (place of destination)
- Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice,
transport document),
+ To obtain any export license, conduct all necessary customs
formalities for the export of the goods,
+ To contract for the carriage of the goods from the agreed point of
delivery to the named place of destination
+ To deliver the goods by handling them over to the carrier,
+ To pay the freight and other carriage cost including the cost of
loading the goods and unloading the goods at the place of destination
(but only if those unloading charges were for the seller’s account under
the contract of carriage. If such costs were not for the Seller’s account,
the Buyer must pay unloading costs.)
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Case 1
Case 2
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CIP - INCOTERMS®2020
Carriage and Insurance Paid To CIP (named place of destination)
-The Seller delivers the goods (and transfers the risk) to the Buyer by
handing them over to the carrier contracted by the Seller or by procuring
the goods so delivered;
-Note: 2 critical points:
+ Place of delivery: The risk passes when the goods are handed over to
the carrier (not until the goods reach the destination);
=> Identifying the place of delivery as precisely as possible. If a
place/point of delivery is not specified/agreed on, the default position
is when the goods have been delivered to the first carrier at a point
entirely of the seller’s choice.
+ Place of destination: The cost of carriage will be covered by the seller
until the goods reach the destination.
=> Identifying the destination as precisely as possible.
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Seller’s Buyer’s
obligations obligations
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CIP - INCOTERMS®2020
* Carriage and Insurance Paid To - CIP (named place of destination)
- Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice,
transport document),
+ To obtain any export license, conduct all necessary customs
formalities for the export of the goods,
+ To contract for the carriage of the goods from the agreed point of
delivery to the named place of destination
+ To deliver the goods by handling them over to the carrier,
+ To pay the freight and other carriage cost including the cost of
loading the goods and unloading the goods at the place of destination
(but only if those unloading charges were for the seller’s account under
the contract of carriage. If such costs were not for the Seller’s account,
the Buyer must pay unloading costs.)
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CIP - INCOTERMS®2020
Carriage and Insurance Paid To –
CIP (named place of destination)
- Seller’s obligations: (cont.)
+ Obtain cargo insurance:
* complying with the cover provided by Clauses (A) of the Institute
Cargo Clauses (lmA/IUA) or any similar clauses,
* with underwriters or an insurance company of good repute,
* covering, at a minimum, the price provided in the contract plus 10%
(i.e. 110%), in the currency of the contract.
* covering against the buyer’s risk of loss of or damage to the goods
from the agreed point of delivery to at least the point of destination.
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3 Export clearance
4 Delivery/transport document
5 Domestic precarriage (inland freight) from seller’s premises to
place/port of shipment
6 Loading on (main) carriage
7 Contract of (main) carriage to named place/port of destination
8 Contract of insurance
9 Unloading at named place/port of destination
10 Import clearance
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• Jettison
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Entry of sea lake or river water All other risks except wilful misconduct
into vessel craft hold conveyance of the insured, wear & tear,
container or place of storage insufficiency or unsuitability of
packing/preparation of subject-matter,
inherent vice/nature of subject-matter,
delay, insolvency/financial default,
radioactive/nuclear risk,
Total loss of any package lost unseaworthiness/unfitness of vessel,
overboard or dropped whilst war risk, strike risk (adds-on: Institute
loading on to, or unloading from, War Clauses and Institute Strikes
vessel or craft Clauses)
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DAP - INCOTERMS®2020
DELIVERED AT PLACE - DAP (NAMED PLACE OF
DESTINATION)
The seller delivers (or delivery is completed)
(and transfers risk) to the Buyer when:
• The goods are placed at the disposal of the buyer, on the
arriving means of transport ready for unloading at the
named place of destination.
• The seller bears all risks and costs involved in bringing the
goods to the named place of destination (NOT the risk and
cost of unloading the goods at the named place of
destination) (LP)
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DAP - INCOTERMS®2020
DELIVERED AT PLACE - DAP (NAMED PLACE OF
DESTINATION)
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DAP - INCOTERMS®2020
Delivered At Place - DAP (named place of destination)
-Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice, transport
document),
+ To obtain any export license, conduct all necessary customs formalities for
the export of the goods,
+ To contract or arrange for transportation/carriage of the goods to the
named place of destination,
+ To deliver the goods by placing them at the disposal of the buyer on the
arriving means of transport ready for unloading at the agreed point at a
named place of destination,
+ To pay all costs relating to the goods and their transport until they have
been delivered,
+ Unloading costs—The seller is not required to unload the goods from the
arriving means of transportation.
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Case 1
Case 2
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DPU - INCOTERMS®2020
DELIVERED AT PLACE UNLOADED - DPU (NAMED
PLACE OF DESTINATION)
The seller delivers (or delivery is completed)
(and transfers risk) to the Buyer when:
• The goods are unloaded from the arriving means of
transport placed at the disposal of the buyer at the named
place of destination.
• The seller bears all risks and costs involved in bringing the
goods to the named place of destination (including the risk
and cost of unloading the goods at the named place of
destination) (LP)
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Ex. DPU
Healthrow
airport,
London, UK
(Incoterms
2020)
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DPU - INCOTERMS®2020
DELIVERED AT PLACE UNLOADED - DPU (NAMED PLACE
OF DESTINATION)
-Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice, transport
document),
+ To obtain any export license, conduct all necessary customs formalities for
the export of the goods,
+ To contract or arrange for transportation/carriage of the goods to the
named place of destination,
+ To unload the goods from the arriving means of transport and then
deliver them by placing them at the disposal of the buyer at the named
place of destination,
+ To pay all costs relating to the goods and their transport until they have
been unloaded and delivered,
+ Unloading costs—The seller is required to unload the goods from the
arriving means of transportation.
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DDP - INCOTERMS®2020
DELIVERED DUTY PAID - DDP (NAMED PLACE OF
DESTINATION)
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DDP - INCOTERMS®2020
DELIVERED DUTY PAID - DDP (NAMED PLACE OF
DESTINATION)
The seller delivers (or delivery is completed)
(and transfers risk) to the Buyer when:
• The goods are placed at the disposal of the buyer, cleared
for import, on the arriving means of transport ready for
unloading at the named place of destination.
• The seller bears all risks and costs involved in bringing the
goods to the named place of destination (NOT including the
risk and cost of unloading the goods at the named place of
destination) (LP)
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DDP - INCOTERMS®2020
DELIVERED DUTY PAID - DDP (NAMED PLACE OF
DESTINATION)
-Seller’s obligations:
+ To provide the goods, necessary documents (commercial invoice, transport
document),
+ To carry out and pay for all export/transit/import clearance formalities
required by the countries of export, transit and import to clear the goods for
export and import (such as export/transit/import licence; security clearance
for export/transit/import; pre-shipment inspection)
+ To contract or arrange for transportation/carriage of the goods to the
named place of destination,
+ To deliver the goods by placing them at the disposal of the buyer on the
arriving means of transport ready for unloading at the named place of
destination,
+ To pay all costs relating to the goods and their transport until they have been
delivered,
+ Unloading costs—The seller is NOT required to unload the goods from the
arriving means of transportation.
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Obligations EX FC FC CP CI D D D
W A A T P A P DP
(1) (2) P U
1 Checking + packaging + marking
NOTE: * OR: When the goods delivered at a point of delivery specified/identified in the contract
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Slide 80
Slide 82
if a place of delivery is agreed on in the sale contract, then risk passes when the goods delivered to the
carrier nominated by the seller at that agreeed point of delivery.
Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or airport), they need to
specify this in their contract of sale.
(ICC p147)
DELL, 02/10/2019
05/06/2023
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