Incoterms
Incoterms (International commerce terms) - international rules in the format of a dictionary, providing unambiguous interpretations of the most widely used trade terms in the field of foreign trade, first of all, regarding the ex-works - the place of transfer of responsibility from the seller to the buyer. International trade terms are standard terms of international sales contracts, which are defined in advance in an internationally recognized document.
The rules were first published in 1936 by the International Chamber of Commerce, the first edition is known as "Incoterms-1936". Amendments and additions were later made in 1953, 1967, 1976, 1980, 1990, 2000, 2010.
The main principles governed in terms of Incoterms are:
The allocation between the seller and the buyer of the transportation costs of delivering the goods, that is, determining which costs are borne by the seller and up to which costs are borne by the buyer, and which, starting at what point, are borne by the buyer.
the moment of transfer from the seller to the buyer of the risks of damage, loss or accidental destruction of the goods.
the date of delivery of goods, that is, the determination of the moment of the actual transfer of the seller of goods to the buyer or his representative - for example, the transport organization - and, therefore, the fulfillment or non-fulfillment of the first of its obligations on delivery time.
Beyond Incoterms remain the rules of transfer of ownership from the seller to the buyer, as well as the consequences of non-fulfillment of the parties to the contract of sale of goods, including the grounds for exemption of the parties from liability, which is regulated by the rules of applicable law or the Vienna Convention. Scopes of Incoterms-2010 terms
Each defined term is a three-letter abbreviation, the first letter indicates the point of transfer of obligations from seller to buyer:
E - at the place of departure,
F - at the terminals of departure of the main carriage, main carriage unpaid,
C - at the arrival terminals of the main carriage, main carriage paid,
D - at the buyer, full delivery (arrival).
Incoterms 2010 defined 11 terms, 7 of them are applicable to any mode of transportation of the main transportation.
EXW (ex works, ex warehouse, ex factory): the goods are picked up by the buyer from the seller's warehouse specified in the contract, payment of export duties is imputed to the buyer.
FCA (free carrier): the goods are delivered to the buyer's principal carrier at the contracted point of departure, export duties are paid by the seller.
CPT (carriage paid to...): the goods are delivered to the principal carrier of the buyer, the seller pays the principal carrier's freight to the arrival terminal specified in the contract, the buyer pays the insurance costs, the buyer pays import clearance and delivery from the arrival terminal of the principal carrier.
CIP (carriage and insurance paid to...): the same as CPT, but the main carriage is insured by the seller.
DAT (delivered at terminal): delivery to the import customs terminal specified in the contract is paid for, i.e. export charges and basic transportation including insurance are paid by the seller, import customs clearance is carried out by the buyer.
DAP (delivered at place): delivery at the destination specified in the contract, import duties and local taxes are paid by the buyer.
DDP (delivered duty paid): the goods are delivered to the customer at the destination specified in the contract, cleared of all duties and risks.
Also in Incoterms 2010 defined 4 terms applicable exclusively to maritime transport and transport of territorial waters:
FAS (free alongside ship): the goods are delivered to the buyer's ship, the contract specifies the port of loading, transshipment and loading is paid by the buyer.
FOB (free on board): the goods are shipped to the buyer's ship, transshipment is paid by the seller.
CFR (cost and freight): the goods are delivered to the buyer's contracted port of destination, with insurance for the main transportation, unloading and transshipment paid by the buyer.
CIF (Cost, Insurance and Freight): the same as CFR, but the main transportation is insured by the seller.
The content of Incoterms in different revisions changes, so, in Incoterms 2010 in comparison with Incoterms 2000 the term DAP is introduced to replace the excluded DAF (delivered at frontier), DES (delivered ex ship, delivery on board the ship at the port of destination) and DDU (delivered, duty unpaid, delivery to a specified place without customs clearance), and instead of DEQ (English delivered ex quey, delivery to the port) introduced a more general term DAT.