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INCOTERMS 2010

International Chamber of Commerce Terms 2010

PART 1
RULES FOR ANY MODE OR MODES OF TRANSPORT

EXW EX WORKS
EXW (insert na e! "#a$e %& !e#i'er()

*UIDANCE NOTE
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. It is suitable for domestic trade while !CA is usually more appropriate for international trade. "#$ %or&s' means that the seller delivers when it places the (oods at the disposal of the buyer at the seller)s premises or at another named place *i.e. wor&s factory warehouse etc.+. The seller does not need to load the (oods on any collectin( vehicle nor does it need to clear the (oods for e$port where such clearance is applicable. The parties are well advised to specify as clearly as possible the point within the named place of delivery as the costs and ris&s to that point are for the account of the seller. The buyer bears all costs and ris&s involved in ta&in( the (oods from the a(reed point if any at the named place of delivery. #,% represents the minimum obli(ation for the seller. The rule should be used with care asa+ The seller has no obli(ation to the buyer to load the (oods even thou(h in practice the seller may be in a better position to do so. If the seller does load the (oods it does so at the buyer)s ris& and e$pense. In cases where the seller is in a better position to load the (oods !CA which obli(es the seller to do so at its own ris& and e$pense is usually more
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appropriate. b+ A buyer who buys from a seller on an #,% basis for e$port needs to be aware that the seller has an obli(ation to provide only such assistance as the buyer may re.uire to effect that e$port- the seller is not bound to or(ani/e the e$port clearance. 0uyers are therefore well advised not to use #,% if they cannot directly or indirectly obtain e$port clearance. c+ The buyer has limited obli(ations to provide to the seller any information re(ardin( the e$port of the (oods. 1owever the seller may need this information for e.(. ta$ation or reportin( purposes.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must provide the buyer at the buyer)s re.uest ris& and e$pense assistance in obtainin( any e$port licence or other official authori/ation necessary for the e$port of the (oods. %here applicable the seller must provide at the buyer)s re.uest ris& and e$pense any information in the possession of the seller that is re.uired for the security clearance of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller has no obli(ation to the buyer to ma&e a contract of carria(e. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for

obtainin( insurance. A5 De#i'er( The seller must deliver the (oods by placin( them at the disposal of the buyer at the a(reed point if any at the named place of delivery not loaded on any collectin( vehicle. If no specific point has been a(reed within the named place of delivery and if there are several points available the seller may select the point that best suits its purpose. The seller must deliver the (oods on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 05. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed to enable the buyer to ta&e delivery of the (oods. A: De#i'er( !%$2 ent The seller has no obli(ation to the buyer. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in(
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is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the e$port and6or import of the (oods and6or for their transport to the final destination.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any e$port and import licence or other official authori/ation and carry out all customs formalities for the e$port of the (oods. -4 C%ntra$ts %& $arria/e an! ins2ran$e a+ Contract of carria(e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. b+ Contract of insurance The buyer has no obli(ation to the seller to ma&e a contract of insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when A3 and A7 have been complied with. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If the buyer fails to (ive notice in accordance with 07 then the buyer bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed
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period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer musta+pay all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A38 b+pay any additional costs incurred by failin( either to ta&e delivery of the (oods when they have been placed at its disposal or to (ive appropriate notice in accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 c+pay where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon e$port8 and d+reimburse all costs and char(es incurred by the seller in providin( assistance as envisa(ed in A2. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time within an a(reed period and6or the point of ta&in( delivery within the named place (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must provide the seller with appropriate evidence of havin( ta&en delivery. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection includin( inspection mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10.
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FCA Free Carrier


FCA (insert na e! "#a$e %& !e#i'er()

*UIDANCE NOTE
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. "!ree Carrier' means that the seller delivers the (oods to the carrier or another person nominated by the buyer at the seller)s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery as the ris& passes to the buyer at that point. If the parties intend to deliver the (oods at the seller)s premises they should identify the address of those premises as the named place of delivery. If on the other hand the parties intend the (oods to be delivered at another place they must identify a different specific place of delivery. !CA re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e
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a) C%ntra$t %& $arria/e The seller has no obli(ation to the buyer to ma&e a contract of carria(e. 1owever if re.uested by the buyer or if it is commercial practice and the buyer does not (ive an instruction to the contrary in due time the seller may contract for carria(e on usual terms at the buyer)s ris& and e$pense. In either case the seller may decline to ma&e the contract of carria(e and if it does shall promptly notify the buyer. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods to the carrier or another person nominated by the buyer at the a(reed point if any at the named place on the a(reed date or within the a(reed period. 9elivery is completeda+ If the named place is the seller)s premises when the (oods have been loaded on the means of transport provided by the buyer. b+ In any other case when the (oods are placed at the disposal of the carrier or another person nominated by the buyer on the seller)s means of transport ready for unloadin(. If no specific point has been notified by the buyer under 07 d+ within the named place of delivery and if there are several points available the seller may select the point that best suits its purpose. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in
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058 and b+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port. A9 N%ti$es t% t0e .2(er The seller must at the buyer)s ris& and e$pense (ive the buyer sufficient notice either that the (oods have been delivered in accordance with A3 or that the carrier or another person nominated by the buyer has failed to ta&e the (oods within the time a(reed. A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with the usual proof that the (oods have been delivered in accordance with A3. The seller must provide assistance to the buyer at the buyer)s re.uest ris& and e$pense in obtainin( a transport document. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer must contract at its own e$pense for the carria(e of the (oods from the named place of delivery e$cept when the contract of carria(e is made by the seller as provided for in A: a+. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3. ;nless the buyer notifies the seller otherwise the seller may deliver the (oods for carria(e in such a manner as the .uantity and6or nature of the (oods may re.uire. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If a+ the buyer fails in accordance with 07 to notify the nomination of a
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carrier or another person as envisa(ed in A3 or to (ive notice8 or b+ the carrier or person nominated by the buyer as envisa(ed in A3 fails to ta&e the (oods into its char(e then the buyer bears all ris&s of loss of or dama(e to the (oods*i+ from the a(reed date or in the absence of an a(reed date *ii+ from the date notified by the seller under A7 within the a(reed period8 or if no such date has been notified *iii+ from the e$piry date of any a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 b+8 b+ any additional costs incurred either because*i+ the buyer fails to nominate a carrier or another person as envisa(ed in A3 or *ii+ the carrier or person nominated by the buyer as envisa(ed in A3 fails to ta&e the (oods into its char(e or *iii+ the buyer has failed to (ive appropriate notice in accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 and c+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country. -9 N%ti$es t% t0e se##er The buyer must notify the seller of a+ the name of the carrier or another person nominated as envisa(ed in A3 within sufficient time as to enable the seller to deliver the (oods in accordance with that article8 b+ where necessary the selected time within the period a(reed for delivery when the carrier or person nominated will ta&e the (oods8 c+ the mode of transport to be used by the person nominated8 and
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d+ the point of ta&in( delivery within the named place. -: Pr%%& %& !e#i'er( The buyer must accept the proof of delivery provided as envisa(ed in A<. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

CPT CARRIA*E PAID TO


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CPT (insert na e! "#a$e %& !estinati%n) In$%ter s 2010

*UIDANCE NOTE
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. "Carria(e Paid To' means that the seller delivers the (oods to the carrier or another person nominated by the seller at an a(reed place *if any such place is a(reed between the parties+ and that the seller must contract for and pay the costs of carria(e necessary to brin( the (oods to the named place of destination. %hen CPT CIP C!R or CI! are used the seller fulfils its obli(ation to deliver when it hands the (oods over to the carrier and not when the (oods reach the place of destination. This rule has two critical points because ris& passes and costs are transferred at different places. The parties are well advised to identify as precisely as possible in the contract both the place of delivery where the ris& passes to the buyer and the named place of destination to which the seller must contract for the carria(e. If several carriers are used for the carria(e to the a(reed destination and the parties do not a(ree on a specific point of delivery the default position is that ris& passes when the (oods have been delivered to the first carrier at a point entirely of the seller)s choosin( and over which the buyer has no control. =hould the parties wish the ris& to pass at a later sta(e *e.(. at an ocean port or airport+ they need to specify this in their contract of sale. The parties are also well advised to identify as precisely as possible the point within the a(reed place of destination as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the named place of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties. CPT re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er
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The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods and for their transport throu(h any country prior to delivery. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller must contract or procure a contract for the carria(e of the (oods from the a(reed point of delivery if any at the place of delivery to the named place of destination or if a(reed any point at that place. The contract of carria(e must be made on usual terms at the seller)s e$pense and provide for carria(e by the usual route and in a customary manner. If a specific point is not a(reed or is not determined by practice the seller may select the point of delivery and the point at the named place of destination that best suit its purpose. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods by handin( them over to the carrier contracted in accordance with A: on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or

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dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts T0e se##er 2st "a(

a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ the frei(ht and all other costs resultin( from A: a+ includin( the costs of loadin( the (oods and any char(es for unloadin( at the place of destination that were for the seller)s account under the contract of carria(e8 and c+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for their transport throu(h any country that were for the seller)s account under the contract of carria(e. A9 N%ti$es t% t0e .2(er The seller must notify the buyer that the (oods have been delivered in accordance with A3. The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e the (oods. A: De#i'er( !%$2 ent If customary or at the buyer)s re.uest the seller must provide the buyer at the seller)s e$pense with the usual transport document>s? for the transport contracted in accordance with A:. This transport document must cover the contract (oods and be dated within the period a(reed for shipment. If a(reed or customary the document must also enable the buyer to claim the (oods from the carrier at the named place of destination and enable the buyer to sell the (oods in transit by the transfer of the document to a subse.uent buyer or by notification to the carrier. %hen such a transport document is issued in ne(otiable form and in several ori(inals a full set of ori(inals must be presented to the buyer. A; C0e$7in/ <"a$7a/in/ < ar7in/

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The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of
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carria(e. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with the necessary information for obtainin( insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3 and receive them from the carrier at the named place of destination. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If the buyer fails to (ive notice in accordance with 07 it must bear all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must sub@ect to the provisions of A: a+ pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 c+8 b+ all costs and char(es relatin( to the (oods while in transit until their arrival at the a(reed place of destination unless such costs and char(es were for the seller)s account under the contract of carria(e8 c+ unloadin( costs unless such costs were for the seller)s account under the contract of carria(e8 d+ any additional costs incurred if the buyer fails to (ive notice in accordance with 07 from the a(reed date or the e$piry date of the a(reed period for dispatch provided that the (oods have been clearly identified as the contract (oods8 and e+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods
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and the costs for their transport throu(h any country unless included within the cost of the contract of carria(e. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time for dispatchin( the (oods and6or the named place of destination or the point of receivin( the (oods within that place (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the transport document provided as envisa(ed in A<if it is in conformity with the contract. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

CIP CARRIA*E AND INSURANCE PAID TO


CIP (insert na e! "#a$e %& !estinati%n)
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A;I9ABC# BCT#
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. "Carria(e and Insurance Paid to' means that the seller delivers the (oods to the carrier or another person nominated by the seller at an a(reed place *if any such place is a(reed between the parties+ and that the seller must contract for and pay the costs of carria(e necessary to brin( the (oods to the named place of destination. The seller also contracts for insurance cover a(ainst the buyer)s ris& of loss of or dama(e to the (oods durin( the carria(e. The buyer should note that under CIP the seller is re.uired to obtain insurance only on minimum cover. =hould the buyer wish to have more insurance protection it will need either to a(ree as much e$pressly with the seller or to ma&e its own e$tra insurance arran(ements. %hen CPT CIP C!R or CI! are used the seller fulfils its obli(ation to deliver when it hands the (oods over to the carrier and not when the (oods reach the place of destination. This rule has two critical points because ris& passes and costs are transferred at different places. The parties are well advised to identify as precisely as possible in the contract both the place of delivery where the ris& passes to the buyer and the named place of destination to which the seller must contract for carria(e. If several carriers are used for the carria(e to the a(reed destination and the parties do not a(ree on a specific point of delivery the default position is that ris& passes when the (oods have been delivered to the first carrier at a point entirely of the seller)s choosin( and over which the buyer has no control. =hould the parties wish the ris& to pass at a later sta(e *e.(. at an ocean port or an airport+ they need to specify this in their contract of sale. The parties are also well advised to identify as precisely as possible the point within the a(reed place of destination as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the named place of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties.

18

CIP re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# O.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods and for their transport throu(h any country prior to delivery. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller must contract or procure a contract for the carria(e of the (oods from the a(reed point of delivery if any at the place of delivery to the named place of destination or if a(reed any point at that place. The contract of carria(e must be made on usual terms at the seller)s e$pense and provide for carria(e by the usual route and in a customary manner. If a specific point is not a(reed or is not determined by practice the seller may select the point of delivery and the point at the named place of destination that best suit its purpose. .) C%ntra$t %& ins2ran$e The seller must obtain at its own e$pense car(o insurance complyin( at least with the minimum cover as provided by Clauses C+ of the Institute Car(o Clauses *DEA6I;A+ or any similar clauses. The insurance shall be contracted with underwriters or an insurance company of (ood repute and entitle the buyer or any other person havin( an insurable interest in the (oods to claim directly from the insurer.
19

%hen re.uired by the buyer the seller shall sub@ect to the buyer providin( any necessary information re.uested by the seller provide at the buyer)s e$pense any additional cover if procurable such as cover as provided by Clauses *A+ or *0+ of the Institute Car(o Clauses *DEA6I;A+ or any similar clauses and6or cover complyin( with the Institute %ar Clauses and6or Institute =tri&es Clauses *DEA6I;A+ or any similar clauses. The insurance shall cover at a minimum the price provided in the contract plus 10F *i.e. 110F+ and shall be in the currency of the contract. The insurance shall cover the (oods from the point of delivery set out in A and A4 to at least the named place of destination. The seller must provide the buyer with the insurance policy or other evidence of insurance cover. Eoreover the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs to procure any additional insurance. A5 De#i'er( The seller must deliver the (oods by handin( them over to the carrier contracted in accordance with A: on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ the frei(ht and all other costs resultin( from A: a+ includin( the costs of loadin( the (oods and any char(es for unloadin( at the place of destination that were for the seller)s account under the contract of carria(e8 c+ the costs of insurance resultin( from A: b+8 and d+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for
20

their transport throu(h any country that were for the seller)s account under the contract of carria(e. A9 N%ti$es t% t0e .2(er The seller must notify the buyer that the (oods have been delivered in accordance with A3. The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e the (oods. A: De#i'er( !%$2 ent If customary or at the buyer)s re.uest the seller must provide the buyer at the seller)s e$pense with the usual transport document>s? for the transport contracted in accordance with A:. This transport document must cover the contract (oods and be dated within the period a(reed for shipment. If a(reed or customary the document must also enable the buyer to claim the (oods from the carrier at the named place of destination and enable the buyer to sell the (oods in transit by the transfer of the document to a subse.uent buyer or by notification to the carrier. %hen such a transport document is issued in ne(otiable form and in several ori(inals a full set of ori(inals must be presented to the buyer. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts

21

The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er F%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with any information necessary for the seller to procure any additional insurance re.uested by the buyer as envisa(ed in A: b+. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3 and receive them from the carrier at the
22

named place of destination. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If the buyer fails to (ive notice in accordance with 07 it must bear all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must sub@ect to the provisions of A: a+ pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 d+8 b+ all costs and char(es relatin( to the (oods while in transit until their arrival at the a(reed place of destination unless such costs and char(es were for the seller)s account under the contract of carria(e8 c+ unloadin( costs unless such costs were for the seller)s account under the contract of carria(e8 d+ any additional costs incurred if it fails to (ive notice in accordance with 07 from the a(reed date or the e$piry date of the a(reed period for dispatch provided that the (oods have been clearly identified as the contract (oods8 e+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country unless included within the cost of the contract of carria(e8 and f+ the costs of any additional insurance procured at the buyer)s re.uest under A: and 0:. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time for dispatchin( the (oods and6or the named place of destination or the point of receivin( the (oods within that place (ive the seller sufficient notice
23

thereof. -: Pr%%& %& !e#i'er( The buyer must accept the transport document provided as envisa(ed in A< if it is in conformity with the contract. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

DAT DELI>ERED AT TERMINAL


DAT (insert na e! ter ina# at "%rt %r "#a$e %& !estinati%n)

*UIDANCE NOTE
This rule may be used irrespective of the mode of transport selected

24

and may also be used where more than one mode of transport is employed. "9elivered at Terminal' means that the seller delivers when the (oods once unloaded from the arrivin( means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination. "Terminal' includes any place whether covered or not such as a .uay warehouse container yard or road rail or air car(o terminal. The seller bears all ris&s involved in brin(in( the (oods to and unloadin( them at the terminal at the named port or place of destination. The parties are well advised to specify as clearly as possible the terminal and if possible a specific point within the terminal at the a(reed port or place of destination as the ris&s to that point are for the account of the seller. The seller is advised to procure a contract of carria(e that matches this choice precisely. Eoreover if the parties intend the seller to bear the ris&s and costs involved in transportin( and handlin( the (oods from the terminal to another place then the 9AP or 99P rules should be used. 9AT re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence and other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods and for their transport throu(h any country prior to delivery. A4 C%ntra$ts %& $arria/e an! ins2ran$e
25

a) C%ntra$t %& $arria/e The seller must contract at its own e$pense for the carria(e of the (oods to the named terminal at the a(reed port or place of destination. If a specific terminal is not a(reed or is not determined by practice the seller may select the terminal at the a(reed port or place of destination that best suits its purpose. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must unload the (oods from the arrivin( means of transport and must then deliver them by placin( them at the disposal of the buyer at the named terminal referred to in A: a+at the port or place of destination on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ in addition to costs resultin( from A: a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 and b+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for their transport throu(h any country prior to delivery in accordance with A3. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to
26

ta&e delivery of the (oods. A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with a document enablin( the buyer to ta&e delivery of the (oods as envisa(ed in A3603. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic

27

record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the buyer must obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with the necessary information for obtainin( insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If a+ the buyer fails to fulfil its obli(ations in accordance with 02 then it bears all resultin( ris&s of loss of or dama(e to the (oods8 or b+ the buyer fails to (ive notice in accordance with 07 then it bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been
28

delivered as envisa(ed in A38 b+ any additional costs incurred by the seller if the buyer fails to fulfil its obli(ations in accordance with 02 or to (ive notice in accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 and c+ where applicable the costs of customs formalities as well as all duties ta$es and other char(es payable upon import of the (oods. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time within an a(reed period and6or the point of ta&in( delivery at the named terminal (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the delivery document provided as envisa(ed in A<. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

29

DAP DELI>ERED AT PLACE


DAP (insert na e! "#a$e %& !estinati%n)

A;I9ABC# BCT#
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. "9elivered at Place' means that the seller delivers when the (oods are placed at the disposal of the buyer on the arrivin( means of transport ready for unloadin( at the named place of destination. The seller bears all ris&s involved in brin(in( the (oods to the named place. The parties are well advised to specify as clearly as possible the point within the a(reed place of destination as the ris&s to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the place of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties.

30

9AP re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities. If the parties wish the seller to clear the (oods for import pay any import duty and carry out any import customs formalities the 99P term should be used.

A T1# =#DD#R) C0DIAATICB=


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence and other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods and for their transport throu(h any country prior to delivery. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller must contract at its own e$pense for the carria(e of the (oods to the named place of destination or to the a(reed point if any at the named place of destination. If a specific point is not a(reed or is not determined by practice the seller may select the point at the named place of destination that best suits its purpose. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er(
31

The seller must deliver the (oods by placin( them at the disposal of the buyer on the arrivin( means of transport ready for unloadin( at the a(reed point if any at the named place of destination on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ in addition to costs resultin( from A: a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ any char(es for unloadin( at the place of destination that were for the seller)s account under the contract of carria(e8 and c+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for their transport throu(h any country prior to delivery in accordance with A3. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e delivery of the (oods. A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with a document enablin( the buyer to ta&e delivery of the (oods as envisa(ed in A3603. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs
32

of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

0 T1# 0;G#R) C0DIAATICB=


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the buyer must obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of carria(e.

33

.) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with the necessary information for obtainin( insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If a+ the buyer fails to fulfil its obli(ations in accordance with 02 then it bears all resultin( ris&s of loss of or dama(e to the (oods8 or b+ the buyer fails to (ive notice in accordance with 07 then it bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A38 b+ all costs of unloadin( necessary to ta&e delivery of the (oods from the arrivin( means of transport at the named place of destination unless such costs were for the seller)s account under the contract of carria(e8 c+ any additional costs incurred by the seller if the buyer fails to fulfil its obli(ations in accordance with 02 or to (ive notice in accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 and d+ where applicable the costs of customs formalities as well as all duties ta$es and other char(es payable upon import of the (oods. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time within
34

an a(reed period and6or the point of ta&in( delivery within the named place of destination (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the delivery document provided as envisa(ed in A<. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

35

DDP DELI>ERED DUTY PAID


DDP (insert na e! "#a$e %& !estinati%n)

*UIDANCE NOTE
This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed. "9elivered 9uty Paid' means that the seller delivers the (oods when the (oods are placed at the disposal of the buyer cleared for import on the arrivin( means of transport ready for unloadin( at the named place of destination. The seller bears all the costs and ris&s involved in brin(in( the (oods to the place of destination and has an obli(ation to clear the (oods not only for e$port but also for import to pay any duty for both e$port and import and to carry out all customs formalities. 99P represents the ma$imum obli(ation for the seller. The parties are well advised to specify as clearly as possible the point within the a(reed place of destination as the costs and ris&s to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the place of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties. The parties are well advised not to use 99P if the seller is unable directly or indirectly to obtain import clearance. If the parties wish the buyer to bear all ris&s and costs of import clearance the 9AP rule should be used. Any HAT or other ta$es payable upon import are for the seller)s account unless e$pressly a(reed otherwise in the sales contract.

36

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port and import licence and other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods for their transport throu(h any country and for their import. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller must contract at its own e$pense for the carria(e of the (oods to the named place of destination or to the a(reed point if any at the named place of destination. If a specific point is not a(reed or is not determined by practice the seller may select the point at the named place of destination that best suits its purpose. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods by placin( them at the disposal of the buyer on the arrivin( means of transport ready for unloadin( at the a(reed point if any at the named place of destination on the a(reed date or within the a(reed period. A6 Trans&er %& ris7s

37

The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts T0e se##er 2st "a(

a+ in addition to costs resultin( from A: a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ any char(es for unloadin( at the place of destination that were for the seller)s account under the contract of carria(e8 and c+ where applicable the costs of customs formalities necessary for e$port and import as well as all duties ta$es and other char(es payable upon e$port and import of the (oods and the costs for their transport throu(h any country prior to delivery in accordance with A3. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e delivery of the (oods. A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with a document enablin( the buyer to ta&e delivery of the (oods as envisa(ed in A3603. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port or of import. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in(
38

is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the transport of the (oods to the final destination where applicable from the named place of destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the buyer must provide assistance to the seller at the seller)s re.uest ris& and e$pense in obtainin( any import licence or other official authori/ation for the import of the (oods. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with the necessary information for obtainin( insurance. -5 Ta7in/ !e#i'er(

39

The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If a+ the buyer fails to fulfil its obli(ations in accordance with 02 then it bears all resultin( ris&s of loss of or dama(e to the (oods8 or b+ the buyer fails to (ive notice in accordance with 07 then it bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A38 b+ all costs of unloadin( necessary to ta&e delivery of the (oods from the arrivin( means of transport at the named place of destination unless such costs were for the seller)s account under the contract of carria(e8 and c+ any additional costs incurred if it fails to fulfil its obli(ations in accordance with 02 or to (ive notice in accordance with 07 provided that the (oods have been clearly identified as the contract (oods. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time within an a(reed period and6or the point of ta&in( delivery within the named place of destination (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the proof of delivery provided as envisa(ed in A<.

40

-; Ins"e$ti%n %& /%%!s The buyer has no obli(ation to the seller to pay the costs of any mandatory pre2shipment inspection mandated by the authority of the country of e$port or of import. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport e$port and import of the (oods and for their transport throu(h any country.

41

PART 2
RULES FOR SEA AND INLAND WATERWAY TRANSPORT

FAS FREE ALON*SIDE S+IP


FAS (insert na e! "%rt %& s0i" ent)

*UIDANCE NOTE
This rule is to be used only for sea or inland waterway transport. "!ree Alon(side =hip' means that the seller delivers when the (oods are placed alon(side the vessel *e.(. on a .uay or a bar(e+ nominated by the buyer at the named port of shipment. The ris& of loss of or dama(e to the (oods passes when the (oods are alon(side the ship and the buyer bears all costs from that moment onwards. The parties are well advised to specify as clearly as possible the loadin( point at the named port of shipment as the costs and ris&s to that point are for the account of the seller and these costs and associated handlin( char(es may vary accordin( to the practice of the port. The seller is re.uired either to deliver the (oods alon(side the ship or to procure (oods already so delivered for shipment. The reference to "procure' here caters for multiple sales down a chain *Istrin( sales)+ particularly common in the commodity trades. %here the (oods are in containers it is typical for the seller to hand the (oods over to the carrier at a terminal and not alon(side the vessel. In

42

such situations the !A= rule would be inappropriate and the !CA rule should be used. !A= re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller has no obli(ation to the buyer to ma&e a contract of carria(e. 1owever if re.uested by the buyer or if it is commercial practice and the buyer does not (ive an instruction to the contrary in due time the seller may contract for carria(e on usual terms at the buyer)s ris& and e$pense. In either case the seller may decline to ma&e the contract of carria(e and if it does shall promptly notify the buyer. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods either by placin( them alon(side the

43

ship nominated by the buyer at the loadin( point if any indicated by the buyer at the named port of shipment or by procurin( the (oods so delivered. In either case the seller must deliver the (oods on the a(reed date or within the a(reed period and in the manner customary at the port. If no specific loadin( point has been indicated by the buyer the seller may select the point within the named port of shipment that best suits its purpose. If the parties have a(reed that delivery should ta&e place within a period the buyer has the option to choose the date within that period. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 and b+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port. A9 N%ti$es t% t0e .2(er The seller must at the buyer)s ris& and e$pense (ive the buyer sufficient notice either that the (oods have been delivered in accordance with A3 or that the vessel has failed to ta&e the (oods within the time a(reed. the time they have been delivered as envisa(ed in A3. If a+ the buyer fails to (ive notice in accordance with 078 or b+ the vessel nominated by the buyer fails to arrive on time or fails to ta&e the (oods or closes for car(o earlier than the time notified in accordance with 078 then the buyer bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods.

44

A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with the usual proof that the (oods have been delivered in accordance with A3. ;nless such proof is a transport document the seller must provide assistance to the buyer at the buyer)s re.uest ris& and e$pense in obtainin( a transport document. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic
45

record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer must contract at its own e$pense for the carria(e of the (oods from the named port of shipment e$cept where the contract of carria(e is made by the seller as provided for in A: a+. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 b+8 b+ any additional costs incurred either because*i+ the buyer has failed to (ive appropriate notice in accordance with 07 or *ii+ the vessel nominated by the buyer fails to arrive on time is unable to ta&e the (oods or closes for car(o earlier than the time notified in
46

accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 and c+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country. -9 N%ti$es t% t0e se##er The buyer must (ive the seller sufficient notice of the vessel name loadin( point and where necessary the selected delivery time within the a(reed period. -: Pr%%& %& !e#i'er( The buyer must accept the proof of delivery provided as envisa(ed in A<. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

47

FOFREE ON -OARD
FO- (insert na e! "%rt %& s0i" ent)

A;I9ABC# BCT#
This rule is to be used only for sea or inland waterway transport. "!ree on 0oard' means that the seller delivers the (oods on board the vessel nominated by the buyer at the named port of shipment or procures the (oods already so delivered. The ris& of loss of or dama(e to the (oods passes when the (oods are on board the vessel and the buyer bears all costs from that moment onwards. The seller is re.uired either to deliver the (oods on board the vessel or to procure (oods already so delivered for shipment. The reference to "procure' here caters for multiple sales down a chain *Istrin( sales)+ particularly common in the commodity trades. !C0 may not be appropriate where (oods are handed over to the carrier before they are on board the vessel for e$ample (oods in containers which are typically delivered at a terminal. In such situations the !CA rule should be used. !C0 re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T1# =#DD#R) C0DIAATICB=


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity

48

that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller has no obli(ation to the buyer to ma&e a contract of carria(e. 1owever if re.uested by the buyer or if it is commercial practice and the buyer does not (ive an instruction to the contrary in due time the seller may contract for carria(e on usual terms at the buyer)s ris& and e$pense. In either case the seller may decline to ma&e the contract of carria(e and if it does shall promptly notify the buyer. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods either by placin( them on board the vessel nominated by the buyer at the loadin( point if any indicated by the buyer at the named port of shipment or by procurin( the (oods so delivered. In either case the seller must deliver the (oods on the a(reed date or within the a(reed period and in the manner customary at the port. If no specific loadin( point has been indicated by the buyer the seller may select the point within the named port of shipment that best suits its purpose. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they
49

have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 and b+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port. A9 N%ti$es t% t0e .2(er The seller must at the buyer)s ris& and e$pense (ive the buyer sufficient notice either that the (oods have been delivered in accordance with A3 or that the vessel has failed to ta&e the (oods within the time a(reed. A: De#i'er( !%$2 ent The seller must provide the buyer at the seller)s e$pense with the usual proof that the (oods have been delivered in accordance with A3. ;nless such proof is a transport document the seller must provide assistance to the buyer at the buyer)s re.uest ris& and e$pense in obtainin( a transport document. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately.
50

A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

0 T1# 0;G#R) C0DIAATICB=


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The buyer must contract at its own e$pense for the carria(e of the (oods from the named port of shipment e$cept where the contract of carria(e is made by the seller as provided for in A: a+. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been
51

delivered as envisa(ed in A3. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If a+ the buyer fails to notify the nomination of a vessel in accordance with 078 or b+ the vessel nominated by the buyer fails to arrive on time to enable the seller to comply with A3 is unable to ta&e the (oods or closes for car(o earlier than the time notified in accordance with 078 then the buyer bears all ris&s of loss of or dama(e to the (oods*i+ from the a(reed date or in the absence of an a(reed date *ii+ from the date notified by the seller under A7 within the a(reed period or if no such date has been notified *iii+ from the e$piry date of any a(reed period for delivery provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 b+8 b+ any additional costs incurred either because*i+ the buyer has failed to (ive appropriate notice in accordance with 07 or *ii+ the vessel nominated by the buyer fails to arrive on time is unable to ta&e the (oods or closes for car(o earlier than the time notified in accordance with 07 provided that the (oods have been clearly identified as the contract (oods8 and c+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country.

52

-9 N%ti$es t% t0e se##er The buyer must (ive the seller sufficient notice of the vessel name loadin( point and where necessary the selected delivery time within the a(reed period. -: Pr%%& %& !e#i'er( The buyer must accept the proof of delivery provided as envisa(ed in A<. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

53

CFR COST AND FREI*+T


CFR (insert na e! "%rt %& !estinati%n)

*UIDANCE NOTE
This rule is to be used only for sea or inland waterway transport. "Cost and !rei(ht' means that the seller delivers the (oods on board the vessel or procures the (oods already so delivered. The ris& of loss of or dama(e to the (oods passes when the (oods are on board the vessel. The seller must contract for and pay the costs and frei(ht necessary to brin( the (oods to the named port of destination. %hen CPT CIP C!R or CI! are used the seller fulfils its obli(ation to deliver when it hands the (oods over to the carrier in the manner specified in the chosen rule and not when the (oods reach the place of destination. This rule has two critical points because ris& passes and costs are transferred at different places. %hile the contract will always specify a destination port it mi(ht not specify the port of shipment which is where ris& passes to the buyer. If the shipment port is of particular interest to the buyer the parties are well advised to identify it as precisely as possible in the contract. The parties are well advised to identify as precisely as possible the point at the a(reed port of destination as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the specified point at the port of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties. The seller is re.uired either to deliver the (oods on board the vessel or to procure (oods already so delivered for shipment to the destination. In addition the seller is re.uired either to ma&e a contract of carria(e or to procure such a contract. The reference to "procure' here caters for

54

multiple sales down a chain *Istrin( sales)+ particularly common in the commodity trades. C!R may not be appropriate where (oods are handed over to the carrier before they are on board the vessel for e$ample (oods in containers which are typically delivered at a terminal. In such circumstances the CPT rule should be used. C!R re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T+E SELLER, O-LI*ATIONS


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e a) C%ntra$t %& $arria/e The seller must contract or procure a contract for the carria(e of the (oods from the a(reed point of delivery if any at the place of delivery to the named port of destination or if a(reed any point at that port. The contract of carria(e must be made on usual terms at the seller)s e$pense and provide for carria(e by the usual route in a vessel of the type normally used for the transport of the type of (oods sold. .) C%ntra$t %& ins2ran$e The seller has no obli(ation to the buyer to ma&e a contract of insurance. 1owever the seller must provide the buyer at the buyer)s

55

re.uest ris& and e$pense *if any+ with information that the buyer needs for obtainin( insurance. A5 De#i'er( The seller must deliver the (oods either by placin( them on board the vessel or by procurin( the (oods so delivered. In either case the seller must deliver the (oods on the a(reed date or within the a(reed period and in the manner customary at the port. A6 Trans&er %& ris7s The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ the frei(ht and all other costs resultin( from A: a+ includin( the costs of loadin( the (oods on board and any char(es for unloadin( at the a(reed port of dischar(e that were for the seller)s account under the contract of carria(e8 and c+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for their transport throu(h any country that were for the seller)s account under the contract of carria(e. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e the (oods. A: De#i'er( !%$2 ent The seller must at its own e$pense provide the buyer without delay with the usual transport document for the a(reed port of destination.
56

This transport document must cover the contract (oods be dated within the period a(reed for shipment enable the buyer to claim the (oods from the carrier at the port of destination and unless otherwise a(reed enable the buyer to sell the (oods in transit by the transfer of the document to a subse.uent buyer or by notification to the carrier. %hen such a transport document is issued in ne(otiable form and in several ori(inals a full set of ori(inals must be presented to the buyer. A; C0e$7in/ <"a$7a/in/ < ar7in/ The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

- T+E -UYER, O-LI*ATIONS


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic

57

record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e a+ Contract of carria(e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. b+ Contract of insurance The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with the necessary information for obtainin( insurance. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3 and receive them from the carrier at the named port of destination. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If the buyer fails to (ive notice in accordance with 07 then it bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for shipment provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must sub@ect to the provisions of A: a+ pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and
58

other char(es payable upon e$port as referred to in A5 c+8 b+ all costs and char(es relatin( to the (oods while in transit until their arrival at the port of destination unless such costs and char(es were for the seller)s account under the contract of carria(e8 c+ unloadin( costs includin( li(htera(e and wharfa(e char(es unless such costs and char(es were for the seller)s account under the contract of carria(e8 d+ any additional costs incurred if it fails to (ive notice in accordance with 07 from the a(reed date or the e$piry date of the a(reed period for shipment provided that the (oods have been clearly identified as the contract (oods8 and e+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country unless included within the cost of the contract of carria(e. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time for shippin( the (oods and6or the point of receivin( the (oods within the named port of destination (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the transport document provided as envisa(ed in A< if it is in conformity with the contract. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10.
59

The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transport throu(h any country.

CIF COST INSURANCE AND FREI*+T


CIF (insert na e! "%rt %& !estinati%n)

A;I9ABC# BCT#
This rule is to be used only for sea or inland waterway transport. "Cost Insurance and !rei(ht' means that the seller delivers the (oods on board the vessel or procures the (oods already so delivered. The ris& of loss of or dama(e to the (oods passes when the (oods are on board the vessel. The seller must contract for and pay the costs and frei(ht necessary to brin( the (oods to the named port of destination. The seller also contracts for insurance cover a(ainst the buyer)s ris& of loss of or dama(e to the (oods durin( the carria(e. The buyer should note that under CI! the seller is re.uired to obtain insurance only on minimum cover. =hould the buyer wish to have more insurance protection it will need either to a(ree as much e$pressly with the seller or to ma&e its own e$tra insurance arran(ements. %hen CPT CIP C!R or CI! are used the seller fulfils its obli(ation to deliver when it hands the (oods over to the carrier in the manner specified in the chosen rule and not when the (oods reach the place of destination. This rule has two critical points because ris& passes and costs are transferred at different places. %hile the contract will always specify a destination port it mi(ht not specify the port of shipment which is where ris& passes to the buyer. If the shipment port is of particular interest to the buyer the parties are well advised to identify it as precisely as possible in the contract. The parties are well advised to identify as precisely as possible the
60

point at the a(reed port of destination as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carria(e that match this choice precisely. If the seller incurs costs under its contract of carria(e related to unloadin( at the specified point at the port of destination the seller is not entitled to recover such costs from the buyer unless otherwise a(reed between the parties. The seller is re.uired either to deliver the (oods on board the vessel or to procure (oods already so delivered for shipment to the destination. In addition the seller is re.uired either to ma&e a contract of carria(e or to procure such a contract. The reference to "procure' here caters for multiple sales down a chain *Istrin( sales)+ particularly common in the commodity trades. CI! may not be appropriate where (oods are handed over to the carrier before they are on board the vessel for e$ample (oods in containers which are typically delivered at a terminal. In such circumstances the CIP rule should be used. CI! re.uires the seller to clear the (oods for e$port where applicable. 1owever the seller has no obli(ation to clear the (oods for import pay any import duty or carry out any import customs formalities.

A T1# =#DD#R) C0DIAATICB=


A1 *enera# %.#i/ati%ns %& t0e se##er The seller must provide the (oods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be re.uired by the contract. Any document referred to in A12A10 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. A2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! %t0er &%r a#ities %here applicable the seller must obtain at its own ris& and e$pense any e$port licence or other official authori/ation and carry out all customs formalities necessary for the e$port of the (oods. A4 C%ntra$ts %& $arria/e an! ins2ran$e

61

a) C%ntra$t %& $arria/e The seller must contract or procure a contract for the carria(e of the (oods from the a(reed point of delivery if any at the place of delivery to the named port of destination or if a(reed any point at that port. The contract of carria(e must be made on usual terms at the seller)s e$pense and provide for carria(e by the usual route in a vessel of the type normally used for the transport of the type of (oods sold. .) C%ntra$t %& ins2ran$e The seller must obtain at its own e$pense car(o insurance complyin( at least with the minimum cover provided by Clauses *C+ of the Institute Car(o Clauses *DEA6I;A+ or any similar clauses. The insurance shall be contracted with underwriters or an insurance company of (ood repute and entitle the buyer or any other person havin( an insurable interest in the (oods to claim directly from the insurer. %hen re.uired by the buyer the seller shall sub@ect to the buyer providin( any necessary information re.uested by the seller provide at the buyer)s e$pense any additional cover if procurable such as cover as provided by Clauses *A+ or *0+ of the Institute Car(o Clauses *DEA6I;A+ or any similar clauses and6or cover complyin( with the Institute %ar Clauses and6or Institute =tri&es Clauses *DEA6I;A+ or any similar clauses. The insurance shall cover at a minimum the price provided in the contract plus 10F *i.e. 110F+ and shall be in the currency of the contract. The insurance shall cover the (oods from the point of delivery set out in A3 and A4 to at least the named port of destination. The seller must provide the buyer with the insurance policy or other evidence of insurance cover. Eoreover the seller must provide the buyer at the buyer)s re.uest ris& and e$pense *if any+ with information that the buyer needs to procure any additional insurance. A5 De#i'er( The seller must deliver the (oods either by placin( them on board the vessel or by procurin( the (oods so delivered. In either case the seller must deliver the (oods on the a(reed date or within the a(reed period and in the manner customary at the port. A6 Trans&er %& ris7s

62

The seller bears all ris&s of loss of or dama(e to the (oods until they have been delivered in accordance with A3 with the e$ception of loss or dama(e in the circumstances described in 04. A8 A##%$ati%n %& $%sts The seller must pay a+ all costs relatin( to the (oods until they have been delivered in accordance with A3 other than those payable by the buyer as envisa(ed in 058 b+ the frei(ht and all other costs resultin( from A: a+ includin( the costs of loadin( the (oods on board and any char(es for unloadin( at the a(reed port of dischar(e that were for the seller)s account under the contract of carria(e8 c+ the costs of insurance resultin( from A: b+8 and d+ where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port and the costs for their transport throu(h any country that were for the seller)s account under the contract of carria(e. A9 N%ti$es t% t0e .2(er The seller must (ive the buyer any notice needed in order to allow the buyer to ta&e measures that are normally necessary to enable the buyer to ta&e the (oods. A: De#i'er( !%$2 ent The seller must at its own e$pense provide the buyer without delay with the usual transport document for the a(reed port of destination. This transport document must cover the contract (oods be dated within the period a(reed for shipment enable the buyer to claim the (oods from the carrier at the port of destination and unless otherwise a(reed enable the buyer to sell the (oods in transit by the transfer of the document to a subse.uent buyer or by notification to the carrier. %hen such a transport document is issued in ne(otiable form and in several ori(inals a full set of ori(inals must be presented to the buyer. A; C0e$7in/ <"a$7a/in/ < ar7in/

63

The seller must pay the costs of those chec&in( operations *such as chec&in( .uality measurin( wei(hin( countin(+ that are necessary for the purpose of deliverin( the (oods in accordance with A3 as well as the costs of any pre2shipment inspection mandated by the authority of the country of e$port. The seller must at its own e$pense pac&a(e the (oods unless it is usual for the particular trade to transport the type of (oods sold unpac&a(ed. The seller may pac&a(e the (oods in the manner appropriate for their transport unless the buyer has notified the seller of specific pac&a(in( re.uirements before the contract of sale is concluded. Pac&a(in( is to be mar&ed appropriately. A10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The seller must where applicable in a timely manner provide to or render assistance in obtainin( for the buyer at the buyer)s re.uest ris& and e$pense any documents and information includin( security2related information that the buyer needs for the import of the (oods and6or for their transport to the final destination. The seller must reimburse the buyer for all costs and char(es incurred by the buyer in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in 010.

0 T1# 0;G#R) C0DIAATICB=


-1 *enera# %.#i/ati%ns %& t0e .2(er The buyer must pay the price of the (oods as provided in the contract of sale. Any document referred to in 012010 may be an e.uivalent electronic record or procedure if a(reed between the parties or customary. -2 Li$en$es1 a2t0%ri3ati%ns1 se$2rit( $#earan$es an! &%r a#ities %here applicable it is up to the buyer to obtain at its own ris& and e$pense any import licence or other official authori/ation and carry out all customs formalities for the import of the (oods and for their transport throu(h any country. -4 C%ntra$ts %& $arria/e an! ins2ran$e
64

a) C%ntra$t %& $arria/e The buyer has no obli(ation to the seller to ma&e a contract of carria(e. .) C%ntra$t %& ins2ran$e The buyer has no obli(ation to the seller to ma&e a contract of insurance. 1owever the buyer must provide the seller upon re.uest with any information necessary for the seller to procure any additional insurance re.uested by the buyer as envisa(ed in A: b+. -5 Ta7in/ !e#i'er( The buyer must ta&e delivery of the (oods when they have been delivered as envisa(ed in A3 and receive them from the carrier at the named port of destination. -6 Trans&er %& ris7s The buyer bears all ris&s of loss of or dama(e to the (oods from the time they have been delivered as envisa(ed in A3. If the buyer fails to (ive notice in accordance with 07 then it bears all ris&s of loss of or dama(e to the (oods from the a(reed date or the e$piry date of the a(reed period for shipment provided that the (oods have been clearly identified as the contract (oods. -8 A##%$ati%n %& $%sts The buyer must sub@ect to the provisions of A: a+ pay a+ all costs relatin( to the (oods from the time they have been delivered as envisa(ed in A3 e$cept where applicable the costs of customs formalities necessary for e$port as well as all duties ta$es and other char(es payable upon e$port as referred to in A5 d+8 b+ all costs and char(es relatin( to the (oods while in transit until their arrival at the port of destination unless such costs and char(es were for the seller)s account under the contract of carria(e8 c+ unloadin( costs includin( li(htera(e and wharfa(e char(es unless such costs and char(es were for the seller)s account under the contract of carria(e8 d+ any additional costs incurred if it fails to (ive notice in accordance with 07 from the a(reed date or the e$piry date of the a(reed period for
65

shipment provided that the (oods have been clearly identified as the contract (oods8 e+ where applicable all duties ta$es and other char(es as well as the costs of carryin( out customs formalities payable upon import of the (oods and the costs for their transport throu(h any country unless included within the cost of the contract of carria(e8 and f+ the costs of any additional insurance procured at the buyer)s re.uest under A: b+ and 0: b+. -9 N%ti$es t% t0e se##er The buyer must whenever it is entitled to determine the time for shippin( the (oods and6or the point of receivin( the (oods within the named port of destination (ive the seller sufficient notice thereof. -: Pr%%& %& !e#i'er( The buyer must accept the transport document provided as envisa(ed in A< if it is in conformity with the contract. -; Ins"e$ti%n %& /%%!s The buyer must pay the costs of any mandatory pre2shipment inspection e$cept when such inspection is mandated by the authorities of the country of e$port. -10 Assistan$e =it0 in&%r ati%n an! re#ate! $%sts The buyer must in a timely manner advise the seller of any security information re.uirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and char(es incurred by the seller in providin( or renderin( assistance in obtainin( documents and information as envisa(ed in A10. The buyer must where applicable in a timely manner provide to or render assistance in obtainin( for the seller at the seller)s re.uest ris& and e$pense any documents and information includin( security2related information that the seller needs for the transport and e$port of the (oods and for their transportthrou(h any country.

66

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