Professional Documents
Culture Documents
Transport
Part II
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 3
Why is it important?
Setting prices
4
Product cost versus other costs
• An invoice to a client usually has to main 2 parts:
1. The merchandise cost = unit cost * total units
2. Some extra costs = transport, insurance, etc
Note: when your client (whether a distributor or a retailer) sets its own price,
they will use their “real” unit cost, called the “landed cost”
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 5
Why is it important? Incoterms
When doing International Trade, or any economical
activity in general, there are many items to discuss.
Price, quantities, qualities, timing, exclusivities, post
sales services, etc.
Now, you’re at
1. Not everything is negotiable. Sometimes your
the negotiation product is “as is”.
Or you, how many times have you chosen a neutral place for a Wallapop sale (in case the
product is small), instead of home?
This distance & privacy situation is what is now giving space to other e-services, through
Wallapop also: e-payment and e-sending (at the beginning, all was a DIY)
Fall 2018 Josep María Cervera & Jan Jonckheere, IQS International Trade. 7
Incoterms
Fall 2018 Josep María Cervera & Jan Jonckheere, IQS International Trade. 8
Incoterms
• Who manages all these transports? (freight forwarders: but contracted by whom?)
• Who is the owner of the merchandise at every time? (this has consequences: insurance)
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 9
Incoterms within the Selling process
ti ng
ex is
e s from mers
l
Sa custo
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 10
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 11
Incoterms within the Selling process
Incoterms
Commercial conditions
Payment conditions
Delivery times
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 12
Incoterms within the Selling process
Sales contract
- general sales conditions
- specific sales conditions
(specific to this particular sales Contract)
- pricelist
Order confirmation
Proforma Invoice
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 13
Incoterms within the Selling process
Customs Customs
clearance clearance
Customs Customs
Shipment Export Import Customer
Packing
Incoterms Internal Internal
Payment transport transport
conditions International
Documents transport
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 14
Incoterms within the Selling process
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 15
Incoterms
You can also use them for national sales, but it is not recommendable and does
not make sense
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 23
Incoterms
Group E Exit EXW Ex works
26
Maritime
transport
only
27
Recommen-
ded for
containers
Examples:
DPU
This term supposes a minor obligation by the seller, taking the buyer all risks and
inherent costs to the reception of goods in the buyer’s.
Risks/problems:
A Colorado company received a large order from an overseas buyer. Since the
company was eager to accept this large order, it offered
a steep discount on the Ex Works price quote. The buyer quickly agreed, but soon
after delivery the exporter found these goods selling
at discounted prices in a chain of U.S. retail stores, which was sabotaging their
own sales.
Unknown to the naïve exporter, the Ex Works term does not require the buyer to
export the goods at all, and diversion becomes a real
risk. They learned an expensive lesson. The company had to buy back their own
under-priced merchandise off the shelves to avoid
competing with their own domestic products.
Josep María Cervera & Jan Jonckheere, IQS International Trade. 35
Incoterms
Another exporter received a letter of credit with the anticipated price quote, Ex Works.
However, the letter of credit required an onboard ocean bill of lading from Oakland,
California, to be presented to the bank before it released the payment.
The exporter puts the goods at the disposal of the Buyer, and the goods are being picked up
by the Buyer’s forwarder who takes care of shipping the goods.
On the expiry date of the L/C (90 days), the Exporter however does not receive any payment.
The Forwarder claims that the L/C obliges the B/L to be presented to the bank, which has
not been done.
The forwarder, receiving instructions from the party that contracted him, in this case the
Buyer, sends the Bill of Lading directly to the Buyer, who with the B/L claims and picks up the
goods.
As the Seller cannot present the B/L, the Buyer is not obliged to pay the L/C.
If the delivery is done in a different place, the obligation of the seller ends when the goods are delivered at the agreed place
(unloaded) 37
Free Carrier (FCA):
• If you deliver in your factory/warehouse: you load the goods into the
truck/train
• If you deliver on a agreed place: the first transporter does the
unloading/loading
• Seller does clearance for export
• If FLC => FCA with delivery in factory/warehouse/terminal
• Delivery should always be in the home country of the exporter
• Substitutes more and more the Ex Works term
Incoterms
• USA:
• FOB Shipping point
• FOB Destination
Assume, for example, that Acme Clothing manufactures jeans and sells
them to retailers such as Old Navy. If Acme ships $100,000 in jeans to Old
Navy using the term FOB shipping point, Old Navy is liable for any loss
while the goods are in transit and would purchase insurance to protect the
shipment. On the other hand, if the goods are shipped FOB destination,
Acme Clothing retains the risk and would insure the shipment against loss.
• Seller puts the goods on board of the vessel and arranges and pays
for the main transport
• Only for maritime transport
• Not for FLC / LCL
WHY?
So it is impossible, in most cases, for the shipper to meet the requirements of Incoterms® for
FAS, FOB, CIF and CFR when shipping containerized cargo. The exceptions would be where
the shipper owns their own port or pier or those ports that are so small that cargo can be
brought alongside the vessel and loaded. This is far more likely to occur with non-
containerized cargo such as breakbulk cargo including commodities such as grains, oil, etc.
CFR vs CPT:
• CFR is for maritime transport, CPT for multimodal;
• in case of CFR the risk goes over when the goods have been loaded onto the boat;
in case of CPT that is when it is transferred to the first transporter (even if the
exporter pays for the transport).
If the conditions would be CIP Sabadell instead of CPT Sabadell, what would be the
difference? 61
Incoterms
Practical case:
The responsibility of the merchandise at the time of the loss of the container in
the port of Valparaiso is of the Spanish importer, since the delivery occurred in
the warehouse of the vendor Avda. La Solana 190, in Santiago.
Remember that the terms CPT and CIP the delivery occurs to the main
transport named by the exporter who is who pays the transport but does not
assume the risk of it.
If they had been CIP conditions, the responsibility for the goods remains with
the buyer. In this case the amount of the loss, if this had been covered by the
insurance conditions, would be paid out to the importer who is the insured in a
CIP sale.
Old DAT-term
All transports and multimodal (containers)
Buyer has to specify the place and accept the goods on delivery
Seller arranges for and pays transport
Seller has to unload the goods at the agreed place
Seller has to do clearance for export, not for import
Seller has to provide the Buyer with the necessary documents to retrieve the
goods
Handling charges at destination, up to agreed place, are for account of the Seller
Risk passes from Seller to Buyer once the goods have been unloaded on the agreed place
Not recommended for documentary methods of payment:
You need to get a document from the transporter of the Buyer to proof the delivery of
the goods
Possible delays in the delivery of the documents may difficult the payment of the LC
• The seller must deliver the goods not unloaded at the agreed point and time
=> Handling/manipulation costs at Place of destination are for account of the Buyer
• What happens if the goods can not be moved from the port to the Buyer’s premises, because the buyer
does not take care of the customs clearance? Make sure the buyer has an Customs agent in place who
takes care of it. The Seller is responsible for these costs.
• The Seller may also have difficulties to deduct VAT on services contracted in the country of destination
• The Seller may have difficulties to contract certain services if he is not registered in the country of
destination
Recommendable in the EU,
where there are no customs
DPU vs DAP:
• in DAP you deliver the goods ready for unloading
• In DPU you unload the goods in the agreed place in the country of destination
DPU vs DAP/DDP:
• In DPU the Seller only delivers to the agreed place, and as a consequence the Buyer takes care
of internal transport (in the country of destination).
• In DAP/DDP, the Seller also takes care of the internal transport
DDP vs DPU/DAP:
• In DDP the seller has to take care of customs
• In DPU/DAP the buyer has to take care of customs
Josep María Cervera & Jan Jonckheere, IQS International Trade. 75
Incoterms
A Chilean company exported to a customer in Germany under conditions DDP Hamburg (Altstätder Str. 142) Incoterms
2010. Payment terms were 40% anticipated and 60% upon delivery.
The goods arrived at the port of Hamburg, customs clearance and delivered to the customer.
In parallel, the Chilean company had anticipated, through its Forwarder, the amounts corresponding to all expenses,
including the tariff.
The German customer had to pay the VAT (19%) corresponding to the import since the Chilean company considered that
they were not included in the term DDP.
Due to this fact, the German company refused to pay 60%, arguing that the import VAT is included in the Incoterm DDP.
As both parties did not reach an agreement, they decided to go to arbitration.
C F R , not C & F o C + F o C A F
GOLDEN RULES
For containers/multimodal:
WHY?
• F y C YES
• Ex Works not, because you do not have a transport
document (CMR, Bill of Lading)
• D neither, as you need a document proving that you
did indeed deliver the goods on destination, which
may be more difficult (depends a.o. on the
willingness of the buyer); and it may mean a long
delay in payment in the case of international
maritime transport, as you have to wait to get this
document – which is when the vessel arrives.
Export documentation
EXW price
FOB price
Goods Insurance
CIF price
Josep María Cervera
( Basis for & Jan Jonckheere,
liquidatión IQS International
: Duties and ImportTrade.
Taxes ) 86
COST CALCULATION Incoterms
CIF price
( Basis for liquidatión : Duties and Import Taxes )
Duties
DDP price
Josep María Cervera & Jan Jonckheere, IQS International Trade. 87
5. Misbeliefs and Errors
Incoterms
If I sell under Ex Works INCOTERMS, I can offer a better price / the final
consumer price will be more economical
The end price of a product (consumer price) has NO relation with the
INCOTERM used:
The INCOTERMS do not delete any costs, somebody will have to pay
for the costs
However, depending on the situation, the seller or the buyer may be
in a more favourite position to get interesting transport prices
6. Exercises
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 92
Annex : exercises
answer Y / N
1. If you sell CIF Jeddah, are you obliged to pay import taxes?
2. If you sell FCA Madrid, must the bill include VAT?
3. FCA Madrid sale, is it an international sale?
4. If you sell CIF New York and the goods are damaged during the trip, have you fulfilled the
contract?
5. If you buy FOB Aqaba, do you pay for the airport handling services?
6. If you buy DDP Manresa, do you pay for import customs clearance expenses?
7. If you sell CPT Liverpool, do you pay the B/L expenses?
8. If you sell FCA Madrid, do you have to contract the sea transport insurance?
9. If you buy DAP Manresa, do you pay the inland transport insurance?
10. If you are a Spanish seller and you are selling CIP Lyon, does the French buyer pay the import
custom tariff?
93
Annex : exercises
answer Y / N
1. If you sell wrapped honey EXW Manresa, do you pay the health certificate issued by the
Spanish Government?
2. If you sell DAT Veracruz and the goods are destroyed in transport, can you cash the allowance
from the insurance company?
3. If you sell FOB La Coruña, do you have to pay the export VAT?
4. If you sell FCA Athens, do you pay the profesional fees of the shipping forwarding company for
that international transport?
5. If you sell DDP Prague VAT unpaid, do you pay in advance the import VAT that belongs to the
importer?
Fall 2020 Josep María Cervera & Jan Jonckheere, IQS International Trade. 94
Incoterms