You are on page 1of 39

05/06/2023

FOREIGN
TRADE
OPERATIONS

PHAN VŨ NGỌC LAN – MDE


International Business Administration Department
lanpvn@huflit.edu.vn

INCOTERMS

CHAPTER 2

1
05/06/2023

IN THIS CHAPTER
General information

A brief history

Purpose and Scope

Incoterms®2020

Other versions of Incoterms

2.1. GENERAL INFORMATION


- International Commercial Terms: a
universally recognized set of definitions
of international trade terms developed
by the International Chamber of
Commerce (ICC) in Paris, France in 1936.
- Defines the trade contract
responsibilities and liabilities between
buyer and seller.
- An invaluable and cost-saving tool 
not undergo a lengthy negotiation

2
05/06/2023

2.2. A BRIEF HISTORY

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
Jun-23 BY PVNLAN 5

3
05/06/2023

2.3. PURPOSES AND SCOPES


INCOTERMS - PURPOSES
- To provide a set of
international rules for
the interpretation of
the most commonly
used trade terms in
foreign trade.

- To avoid / reduce
uncertainties of • Obligations
different • Costs
interpretations of such • Risks
terms in different
countries.

INCOTERMS - SCOPE

Deal only with the relation between sellers and


buyers under the contract of sale, on some very
distinct respects:
 Rights and obligations for both parties in
connection with:
 Risk transferring
 Cost division
 Delivery of tangible goods.

4
05/06/2023

INCOTERMS - SCOPE

NOT deal with the • Incoterms CAN NOT replace


breach of contract and contract terms needed for a
its consequences or any sales contract
exemptions from • Incoterms CAN NOT be used
liability, or transfer of as a complete foreign contract
title of the goods sold of sale.

• If you want the Incoterms


2020 rules to apply into your
NOT compulsory, just contract of sale, you should
trade usage make this clear in the contract.

INCOTERMS® –
EXPLANATION OF THE
TERMS Carrier
Customs
formalities

Packaging Delivery

Delivery
document

10

5
05/06/2023

DELIVERY

11

GROUP WORK: (5MINS, 7 STUDENTS/GROUP)

A buyer wants to buy a pizza. He has the following


choices.
For each choice, where (at what point) do risks of loss
or damage (point of risk transfer) to the pizza transfer
from the seller to the buyer?

• 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

12

6
05/06/2023

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

NOTES: CFR, CIF, CPT, CIP

13

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.

14

7
05/06/2023

2.4. INCOTERMS® 2020

-Registered trademark (® sign)


-“Terms”  “Rules”
-International + Domestic use
“Global” use

15

15

Seller’s obligations Buyer’s obligations

A1. General obligations B1. General obligations

A2. Delivery B2. Taking delivery

A3. Transfer of risks B3. Transfer of risks

A4. Carriage B4. Carriage

A5. Insurance B5. Insurance


A6. Delivery/transport B6. Proof of delivery
document
A7. Export/import B7. Export/import clearance
clearance
A8. Checking/packaging/ B8. Checking/packaging/
marking marking

A9. Allocation of costs B9. Allocation of costs

A10. Notices B10. Notices


16

8
05/06/2023

CLASSIFICATION (1) – BASED ON MODE OF


TRANSPORT
A. Rules for any mode of transport
EXW Ex Works
FCA Free Carrier
CPT Carriage Paid To
CIP Carriage and Insurance Paid to
DAP Delivered At Place
DPU Delivered at Place Unloaded
DDP Delivered Duty Paid

17

CLASSIFICATION (1) – BASED ON MODE OF


TRANSPORT
B. Rules for sea and inland waterway transport
FAS Free Alongside Ship
FOB Free On Board
CFR Cost and Freight
CIF Cost Insurance and Freight

18

9
05/06/2023

CLASSIFICATION (2) – BASED ON POINT OF DELIVERY


seller/buyer?
Point
Seller places the goods at the disposal of the
Buyer at his own premises or at an another
Group E: agreed place of delivery. (EXW)
of

Seller delivers the goods to the carrier at named


place of delivery/port of shipment, Buyer is
delivery:

Group F: responsible for the cost and risk of carriage from


named place/port of shipment. (FCA, FAS, FOB)
• Seller arranges and pays for the carriage to
named place/port of destination, but bears the
Group C: risk of the goods only upto the agreed point of
closest

delivery. (CFR, CIF, CPT, CIP)

• Seller bears all transport cost and risks up to the


delivery – destination point. (DAP, DPU, DDP)
to

Group D:

19

INCOTERMS® 2020

EXW
DDP FCA

DPU FAS
11
Incoterms
DAP rules FOB
2020

CIP CFR

CPT CIF

20

10
05/06/2023

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

21

CLASSIFICATION (1) – BASED ON MODE OF


TRANSPORT
A. Rules for any mode of transport
EXW Ex Works
FCA Free Carrier
CPT Carriage Paid To
CIP Carriage and Insurance Paid to
DAP Delivered At Place
DPU Delivered at Place Unloaded
DDP Delivered Duty Paid

22

11
05/06/2023

EXW- INCOTERMS®2020

* Ex-Works - EXW (named place of delivery)


-The Seller delivers when he places the goods at the
disposal of the buyer at a named place (like a
factory/works or warehouse) and that named place
may or may not be the seller’s premises.

-Note: Sellers are not obligated to load the goods on


collecting vehicles (appointed by the Buyer) nor clear the
goods for export.

23

23

24

12
05/06/2023

EXW EX WORKS:
1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

Seller’s Buyer’s
obligations obligations

25

EXW EX WORKS
EXW + NAMED PLACE OF DELIVERY (INCOTERMS 2020)

Point of risk transfer = Point of cost transfer

Building Works/factory Warehouse

May or may not be seller’s premises

26

13
05/06/2023

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

How will you stipulate this in


the sales contract?

27

EXW EX WORKS
EXW (INSERT NAMED PLACE OF DELIVERY)
(INCOTERMS 2020)

What are the


seller’s and
buyer’s
obligations?

28

14
05/06/2023

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

(INCOTER 8 Contract of insurance


MS 2020) 9 Unloading at named place/port of destination

10 Import clearance

29

FCA FREE CARRIER


FCA (INSERT NAMED PLACE OF DELIVERY) (INCOTERMS 2020)

Delivery is completed:

when the goods are placed


when the goods have been at the disposal of the carrier
loaded on the means of or another person
transport arranged by the nominated by the buyer
buyer ready for unloading at the
named other place

if the named place of if the named place of


delivery is the seller’s delivery is NOT the seller’s
premises premises

31

15
05/06/2023

32

FCA FREE CARRIER


FCA (INSERT NAMED PLACE OF DELIVERY)
(INCOTERMS 2020)

FCA 1:
At seller’s
premises

FCA 2:
At another
place

33

16
05/06/2023

FCA FREE CARRIER


FCA (INSERT NAMED PLACE OF DELIVERY)
(INCOTERMS 2020)
point of risk transfer = point of cost transfer
= named place of delivery

Building Works or Warehouse Port of


factory shipment

34

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.

35

35

17
05/06/2023

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.

36

36

FCA FREE CARRIER


FCA (INSERT NAMED PLACE OF DELIVERY) (INCOTERMS 2020)
Example: HUFLIT exports mangos to USA.
 Incoterms: FCA
 Point of risk transfer:
Question:
How would you write this rule in your sales contract?

FCA 1: Place of delivery: 828 Su FCA 2: Place of delivery: Tan Son


Van Hanh St., Dist. 10, Hochiminh Nhat airport, Hochiminh City,
City, Vietnam Vietnam

37

18
05/06/2023

FCA FREE CARRIER – GROUP WORK (7MINS)


A SELLER IN HOCHIMINH CITY, VIETNAM SHALL EXPORT 1 TON OF
MANGOS PACKAGED IN CARTONS BY AIR TO A BUYER IN UK.
TRADE TERMS:
CASE 1: EXW 828 SU VAN HANH ST., DIST. 10, HOCHIMINH CITY,
VIETNAM (INCOTERMS 2020)
CASE 2: FCA 828 SU VAN HANH ST., DIST. 10, HOCHIMINH CITY, VIETNAM
(INCOTERMS 2020)
CASE 3: FCA TAN SON NHAT AIRPORT, HOCHIMINH CITY, VIETNAM
(INCOTERMS 2020)
QUESTION: IDENTIFY THE POINT OF RISK TRANSFER AND THE POINT OF
COST TRANSFER OF EACH CASE?
Point of risk transfer Point of cost transfer
Case 1
Case 2
Case 3
38

FCA FREE CARRIER


FCA (INSERT NAMED PLACE OF DELIVERY)
(INCOTERMS 2020)

Obligations
of the seller &
the buyer?

39

19
05/06/2023

Obligations FCA 1 FCA 2

1 Checking + packaging + marking


FCA 2 Loading on means of transport at seller’s
FREE premises
CARRIER 3 Export clearance
FCA 4 Delivery/transport document
(INSERT 5 Domestic precarriage (inland freight) from seller’s
NAMED premises to place/port of shipment
PLACE OF 6 Loading on (main) carriage
DELIVERY) 7 Contract of (main) carriage to named place/port
(INCOTER of destination
MS 2020) 8 Contract of insurance
9 Unloading at named place/port of destination

10 Import clearance

40

CPT CARRIAGE PAID TO


CPT (INSERT NAMED PLACE OF DESTINATION)
(INCOTERMS 2020)

44

20
05/06/2023

CPT CARRIAGE PAID TO:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

Seller’s Buyer’s
obligations obligations

45

CPT & FCA:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

46

21
05/06/2023

LOOK AT THE TWO PICTURES AND IDENTIFY THE


DIFFERENCES BETWEEN FCA & CPT

CPT FCA

47

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.

48

22
05/06/2023

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.)

49

CPT CARRIAGE PAID TO


CPT (INSERT NAMED PLACE OF DESTINATION) (INCOTERMS 2020)
Ex. CPT
Healthrow
airport,
London, UK
(Incoterms
2020)

50

23
05/06/2023

FCA & CPT – GROUP WORK (5MINS)


A SELLER IN HOCHIMINH CITY, VIETNAM SHALL EXPORT 1 TON OF
MANGOS PACKAGED IN CARTONS BY AIR TO A BUYER IN UK.
TRADE TERMS:
CASE 1: FCA TAN SON NHAT AIRPORT, HOCHIMINH CITY, VIETNAM
(INCOTERMS 2020)
CASE 2: CPT HEALTHROW AIRPORT, LONDON, UK (INCOTERMS 2020)
(NOTE: PLACE OF DELIVERY: TAN SON NHAT AIRPORT, HOCHIMINH CITY,
VIETNAM)
QUESTION: IDENTIFY THE POINT OF RISK TRANSFER AND THE POINT OF
COST TRANSFER OF EACH CASE?
Point of risk transfer Point of cost transfer

Case 1
Case 2
51

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.
52

52

24
05/06/2023

CIP CARRIAGE AND INSURANCE PAID TO:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

Seller’s Buyer’s
obligations obligations

53

CIP CARRIAGE AND INSURANCE PAID TO


CIP (INSERT NAMED PLACE OF DESTINATION) (INCOTERMS 2020)
Ex. CIP
Healthrow
airport,
London, UK
(Incoterms
2020)

54

25
05/06/2023

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.)

55

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.

56

26
05/06/2023

CPT - INCOTERMS ® 2020


Obligations EXW FCA FCA CPT CIP
(1) (2)
1 Checking + packaging + marking

2 Loading on means of transport at seller’s premises

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

57

WHAT LOSSES PEOPLE OR BUSINESES CAN INSURE AGAINST?


SOME RISKS COVERED BY ICC (A) (LMA/IUA)

Fire/Explosio Vessel Earthquakes


n stranded/sunk

Jettison Washing Entry of sea Theft


overboard lake or river
water
58

27
05/06/2023

TYPES OF COVER [BY LMA/IUA]

Institute cargo clauses (A): covers all risks of loss or of


damage to the subject matter insured except some
exclusions

Institute cargo clauses (B): covers less


than (A)

Institute cargo clauses (C):


covers less than (B)

Jun-23 BY PVNLAN 59

59

INSTITUTE CARGO CLAUSES (C) (1/1/09)


[2009 VERSION BY LMA/IUA]
• Fire or explosion
1

• Vessel or craft stranded grounded sunk or capsized


2

• Overturning or derailment of land conveyance


3
• Collision or contact with any external object other than
4 water

• Discharge of cargo at a port of distress


5

• General average sacrifice & salvage charges


6

• Jettison
7
Jun-23 BY PVNLAN 60

60

28
05/06/2023

INSTITUTE CARGO CLAUSES (B) & (A) (1/1/09)


[2009 VERSION BY LMA/IUA]
Risks covered by Institute cargo clauses Risks covered by Institute cargo
(B) clauses (A)
Institute cargo clauses (C)
Institute cargo clauses (B)
Washing overboard

Earthquake volcanic eruption or


lightning Theft, pilferage & non-delivery

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)
Jun-23 BY PVNLAN 61

61

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’s risks & costs

• 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)

63

29
05/06/2023

DAP - INCOTERMS®2020
DELIVERED AT PLACE - DAP (NAMED PLACE OF
DESTINATION)

64

DAP DELIVERED AT PLACE:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

65

30
05/06/2023

DAP DELIVERED AT PLACE


DAP (INSERT NAMED PLACE OF DESTINATION) (INCOTERMS 2020)
 Ex. DAP Cambridge
University,
England, UK
(Incoterms 2020)

66

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.
67

31
05/06/2023

CPT & DAP – GROUP WORK (3MINS)


A SELLER IN HOCHIMINH CITY, VIETNAM SHALL EXPORT 1 TON OF MANGOS
PACKAGED IN CARTONS BY AIR TO A BUYER IN UK.
TRADE TERMS:
CASE 1: CPT HEALTHROW AIRPORT, LONDON, UK (INCOTERMS 2020)
( NOTE: PLACE OF DELIVERY: TAN SON NHAT AIRPORT, HOCHIMINH CITY,
VIETNAM)
CASE 2: DAP HEALTHROW AIRPORT, LONDON, UK (INCOTERMS 2020)
QUESTION: IDENTIFY THE POINT OF RISK TRANSFER AND THE POINT OF COST
TRANSFER OF EACH CASE?
Point of risk transfer Point of cost transfer

Case 1

Case 2

69

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’s risks & costs

• 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)

71

32
05/06/2023

DPU DELIVERED AT PLACE UNLOADED:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

72

DPU DELIVERED AT PLACE UNLOADED


DPU (INSERT NAMED PLACE OF DESTINATION) (INCOTERMS 2020)

Ex. DPU
Healthrow
airport,
London, UK
(Incoterms
2020)

73

33
05/06/2023

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.

74

DDP - INCOTERMS®2020
DELIVERED DUTY PAID - DDP (NAMED PLACE OF
DESTINATION)

75

34
05/06/2023

DDP DELIVERED DUTY PAID:


1. POINT OF RISK TRANSFER
2. POINT OF COST TRANSFER

76

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’s risks & costs

• 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)

77

35
05/06/2023

DDP DELIVERED DUTY PAID


DDP (INSERT NAMED PLACE OF DESTINATION) (INCOTERMS
2020)
 Ex. DDP Cambridge
University, England,
UK (Incoterms 2020)

78

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.
79

36
05/06/2023

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

2 Loading on means of transport at


D14 seller’s premises
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 place/port
of destination
8 Contract of insurance
9 Unloading at named place/port of
destination
10 Import clearance
80

Risk –transfer point/ EX FCA FCA CP CI DA DP DD


Delivery point W (1) (2) T P P U P
At the named place of delivery

Alongside the ship at the port of shipment


[port of loading]
On board the vessel at the port of shipment
[port of loading]
When the goods delivered to the first
carrier contracted by the seller at a point of
delivery entirely of the seller’s choice*
D15
On the arriving vehicle ready for unloading
at named place of destination
At named place of destination, unloaded
from the arriving vehicle

NOTE: * OR: When the goods delivered at a point of delivery specified/identified in the contract

82

37
Slide 80

D14 Proof of delivery is not necessarily transport document.


Ex.
FCA requires the seller to provide the buyer with just "usual proof'' instead of transport document.
However, the seller must provide assistance to the buyer in obtaining a transport document.
DELL, 05/09/2019

Slide 82

D15 DELL 01/10/2019


CPT & CIP: the parties are well advised to identify as precisely as possible in the contract both the place
of delivery and the named place of destination.
if no specific point of delivery agreed on, the default position is that risk passes when the goods
delivered to the first carrier nominated by the seller at a point entirely of the seller’s choice.

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

CLASSIFICATION (1) – BASED ON MODE OF


TRANSPORT
B. Rules for sea and inland waterway transport
FAS Free Alongside Ship
FOB Free On Board
CFR Cost and Freight
CIF Cost Insurance and Freight

84

THANK YOU FOR YOUR LISTENING

85

38

You might also like