Incoterms are the
internationally accepted definitions for terms of sale
legislated by the International Chamber of Commerce (ICC).
It is vital that U.S. exporters are familiar with these
terms, as they identify the precise moment when ownership of
goods passes from seller to buyer. Incoterms further assign
each party their respective performance responsibilities,
elements of cost, and risks. The inclusion of Incoterms in a
sales agreement commits the buyer and seller to a strict
interpretation of these standard definitions.
Note that the following terms must designate a place or port
to be valid.
EXW - EX WORKS
The seller’s only responsibility is to make the goods
available at his premises in a condition prepared for
export. The seller is not responsible for loading the goods
in the vehicle provided by the buyer, unless otherwise
agreed. The buyer bears the full cost and risk involved in
bringing the goods from there to the desired destination.
FAS - FREE ALONGSIDE SHIP
The seller’s obligations are fulfilled when the goods have
been placed alongside the ship on the quay (wharf). The
buyer bears all costs and risks of loss or damage to the
goods from that moment. Unlike FOB, FAS requires the buyer
to clear the goods for export.
FOB - FREE ON BOARD VESSEL
The goods are placed on board a ship by the seller at a port
of shipment named in the sales contract. The risk of loss or
damage to the goods is transferred from the seller to the
buyer when the goods pass the ship’s rail during loading.
This term only applies to transportation by sea or inland
waterway only.
CFR - COST AND FREIGHT
The seller must pay the costs freight necessary to bring the
goods to the named destination, but the risk of loss or
damage, as well as any cost increases, is transferred from
the seller to the buyer when the goods pass the ship’s rail
in the port of shipment. Applicable for sea or inland
waterway transport only.
CIF - COST, INSURANCE AND FREIGHT
This term has the same meaning as CFR, but with the addition
that the seller has to procure marine insurance against the
risk of loss or damage to the goods during carriage. The
seller pays the insurance premium.
DES - DELIVERED EX SHIP
The seller makes the goods available to the buyer on board
the ship at the destination named in the sales contract. The
seller bears the full cost and risk involved in bringing the
goods there.
DEQ - DELIVERED EX QUAY (DUTY PAID)
This term means that the seller must deliver the goods to
the buyer on the quay (wharf) at the named port of
destination, cleared for importation. The seller has to bear
all risks and costs including duties, taxes and other
charges for delivering the goods.
This term should not be used if the seller is unable to
obtain the import license.
If the buyer is the party who will clear the goods for
importation and pay the duty, then the term is changed to
"DUTY UNPAID". This term applies to sea or inland waterway
transport.
DDU - DELIVERED DUTY UNPAID
DDU means that the seller makes the goods available to the
buyer at the named place (e.g. door) in the country of
importation. The seller has to pay the costs and bear the
risks involved in bringing the goods to that point as well
as the costs and risks of carrying out customs formalities.
However, the buyer must obtain the import license and pay
the actual duties, taxes and official charges payable upon
importation. This term may be used irrespective of the mode
of transport.
DDP - DELIVERED DUTY UNPAID
While the term "EX-WORKS" signifies the seller’s minimum
obligation, DDP, when followed by the buyer’s location in
the destination country, denotes the seller’s maximum
obligation. The seller provides the import license and is
responsible for delivery, import duties, taxes, other
import-related charges. This term may be used irrespective
of the mode of transport.
FCA - FREE CARRIER
This term has been designed to meet the requirements of
modern transport, particularly such "multimodal"
transport as container or "Roll on / Roll off" traffic by
trailers and ferries as well as carriage by air. FCA is
based on the same principle as FOB except that the seller
fulfills his or her obligation when goods are delivered into
the custody of the carrier at the named point. If no precise
point can be mentioned at the time of the contract of sale,
the parties should refer to the place or range where the
carrier should take goods into his charge. The risk of the
loss or damage to the goods is transferred from the seller
to the buyer at that time and not at the ship’s rail.
"Carrier" means a person by whom or in whose name a contract
of carriage by road, rail, air, sea or a combination of
modes has been made.
CPT - CARRIAGE PAID TO
Like CFR, CPT means that the seller pays the freight for the
carriage of the goods to the named destination. However, the
risk of loss or damage to the goods, as well as any cost
increases, it transferred from the seller to the buyer when
the goods have been delivered into the custody of the first
carrier and not at the ship’s rail. It can be used for all
modes of transportation.
CIP - CARRIAGE AND INSURANCE PAID TO
This term is the same as "Carriage Paid to-" but with the
addition that the seller has to procure transport insurance
against the risk of loss or damage to the goods during the
carriage. The seller pays the insurance premium.
DAF - DELIVERED AT FRONTIER
DAF means that the seller’s obligations are fulfilled when
the goods have arrived at the frontier, but before the
"customs border" of the country named in the sales contract.
The term may be used for any frontier including that of the
country of export. Therefore, it is important that the
frontier be defined precisely by naming the point and place
in the term. The term is primarily intended to be used when
goods are to be carried by rail or over the road, but it may
be used irrespective of the mode of transport.