EXW
EX WORKS (...named place)
“Ex works” means that the seller delivers when he places the goods at the disposal of the buyer at the seller’s premises or another named place (works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. That means minmum obligation for the seller and the buyer has to bear all costs and risks involved in taking the goods from the seller’s premises.
This term should not be used when the buyer cannot carry out the export formalities directly or indirectly. In such circumstances, the FCA term should be used, provided the seller agrees that he will load at his cost and risk.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must render the buyer, at the latter’s request, risk and expense, every assistance in obtaining, where applicable, any export licence or other official authorization necessary for the export of the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer at the named place of delivery, on the date or within the period agreed or, if no such time is agreed, at the usual time for delivery of such goods: If no specific point has been agreed within the named place, and if there are several points available, the seller may select the point at the place of delivery which best suits his purpose.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay all costs relating to the goods until such time as they have been delivered in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice as to when and where the goods will be placed at his disposal.
A8 Proof of delivery, transport document or equivalent electronic message
No obligation.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of placing the goods at the buyer’s disposal.
The seller must provide at his own expense packaging which is required for the transport of the goods, to the extent that the circumstances relating to the transport such as ‘modalities’, ‘destination’ etc., are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages issued or transmitted in the country of delivery and/or origin which the buyer may require for the export and/or import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any export and import licence or other official authorization and fulfill, where applicable, all customs formalities for the export of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4 and A7/B7.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4; and from the agreed date or the expiry date of any period fixed for taking delivery which arise because he fails to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-the additional costs incurred by failing to take delivery of the goods when they have been placed at his disposal or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods,
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out
customs formalities upon .
customs formalities upon export.
The buyer must reimburse all costs and charges paid by the seller in rendering assistance in accordance with A2.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the place of taking delivery, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must provide the seller with appropriate evidence of having taken delivery.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, including inspection mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
FCA
FREE CARRIER (....named place)
“Free Carrier” means that the seller delivers the goods cleared for export, to the carrier nominated by the buyer at the named place. The chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller’s premises, the seller must effect the loading. In case delivery occurs at any other place, the seller is not responsible for unloading.
The term may be used irrespective of the mode of transport, including multimodal transport.
“Carrier” means any person who, in a contract of carriage, undertakes to perform or to provide the performance of transport by rail, road, air, sea, inland waterway or by a combination of such modes of transport.
If the buyer nominates a person other than a carrier to receive the goods, the seller is deemed to have fulfilled his obligation to deliver the goods when they are delivered to that person.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation. But if requested by the buyer or if it is commercial practice and the buyer does not give an instruction to the contrary in due time, the seller may arrange for carriage at the buyer’s risk and expense. In either case, the seller may decline to make the contract and, if he does, shall promptly notify the buyer accordingly.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must deliver the goods to the carrier or another person nominated by the buyer, or chosen by the seller in accordance with A3 a), at the named place on the date or within the period agreed for delivery.
Delivery is understood to be completed:
1. In the case of rail transport, when the goods constitute a wagon load or a container load carried by rail, the seller has to load the wagon or container in the appropriate manner. Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its behalf.
When the goods do not constitute a wagon or container load, delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway.
2. In the case of road transport, when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on the vehicle provided by the buyer.
When the goods are delivered to the carrier’s premises, delivery is completed when they have been handed over to the road carrier or to another person acting on his behalf.
3. In the case of transport by inland waterway, when loading takes place at the seller’s premises, delivery is completed when the goods have been loaded on carrying vessel provided by the buyer.
When the goods are delivered to the carrier’s premises, delivery is completed when they have been handed over to the inland waterway carrier or to another person acting on his behalf.
4. In the case of sea transport, when the goods constitute a full container load (FCL), delivery is completed when the loaded container is taken over by the sea carrier. When the container has been carried to an operator of a transport terminal acting on behalf of the carrier, the goods shall be deemed to have been taken over when the container has entered into the premises of that terminal.
When the goods are less than a container load (LCL), or are not to be containerised, the seller has to carry them to the transport terminal. Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf.
5. In the case of air transport, delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf.
6. In the case of unnamed transport, delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf.
7. In the case of multimodal transport, delivery is completed when the goods have been handed over as specified in 1) – 6), as the case may be.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and
other charges payable upon export
.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4. Should the carrier fail to take delivery in accordance with A4 at the time agreed, the seller must notify the buyer accordingly.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the usual proof of delivery of the goods in accordance with A4.
Unless the document referred to is the transport document, the seller must assist the buyer, at the buyer’s request, risk and expense, in obtaining a transport document for the contract of carriage (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note or a multimodal transport document).
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods, to the extent that the circumstances relating to the transport such as ‘modalities’, ‘destination’ etc., are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named place, except when the contract of carriage is made by the seller as provided for in A3 a).
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4; and from the agreed date or the expiry date of any period fixed for delivery which arise because he fails to nominate the carrier or another person in accordance with A4, or because the carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed time , or because the buyer fails to give appropriate notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-the additional costs incurred because he fails to nominate the carrier or another person in accordance with A4 or because the party nominated by him fails to take delivery of the goods into his charge at the agreed time , or because the buyer fails to give appropriate notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country.
B7 Notice to the seller
The buyer must give the seller sufficient notice of the name of the party designated in A4 and, where necessary, specify the mode of transport, as well as the date or period for delivering the goods to him and, as the case may be, the point within the place where the goods should be delivered to that party.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery.in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith and in contracting for carriage in accordance with A3 a).
The buyer must give the seller appropriate instructions whenever the seller’s assistance in contracting for carriage is required in accordance with A3 a).
FAS
FREE ALONGSIDE SHIP (...named port of shipment)
“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all costs and risks of loss or of damage to the goods from that moment.
The FAS term requires the seller to clear the goods for export.
But, if the parties wish the buyer to clear the goods for export, this should be made clear by adding explicit wording to this effect in the contract of sale.
This term can be used only for sea or inland waterway transport.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b)Contract of insurance
No obligation
A4 Delivery
The seller must place the goods alongside the vessel nominated by the buyer at the loading place named by the buyer at the named port of shipment on the date or within the agreed period and in the manner customary at that port.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered alongside the nominated vessel.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the usual proof of delivery of the goods in accordance with A4.
Unless the document referred to is the transport document, the seller must assist the buyer, at the buyer’s request, risk and expense, in obtaining a transport document for the contract of carriage (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document).
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods, to the extent that the circumstances relating to the transport such as ‘modalities’, ‘destination’ etc., are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named port of shipment.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4; and from the agreed date or the expiry date of any period fixed for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him fails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-the additional costs incurred because the vessel nominated by him has failed to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because he fails to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country.
B7 Notice to the seller
The buyer must give the seller sufficient notice of the vessel name, loading port and required delivery time.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
CFR
COST AND FREIGHT (....named port of destination)
“Cost and Freight” means that the seller delivers when the goods pass the ship’s rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss or of damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer.
The CFR term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the parties do not intend to deliver the goods across the ship’s rail, the CPT term should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel or inland waterway vessel as the case may be, of the type normally used for the transport of goods of the contract description.
b) Contract of insurance
No obligation
A4 Delivery
The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship’s rail at the port of shipment.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• the freight and all other costs resulting from A3 a), including the costs of loading the goods on board and any charges for unloading at he agreed port of discharge which were for the seller’s account under the contract of carriage; and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export, and for their transit through any country if they were for the seller’s account under the contract of carriage.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer without delay and at his own expense with the usual transport document for the agreed port of destination.
This document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document) must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from.the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to another buyer or by notification to the carrier.
When such a transport document is issued in several originals, a full set of originals must be presented to the buyer.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods arranged by him. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the carrier at the named port of destination.
. B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship’s rail at the port of shipment.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions of A3 a), pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit until their arrival at the port of destination, unless such costs and charges were for the seller’s account under the contract of carriage,
-unloading costs including lighterage and wharfage charges unless such costs and charges were for the seller’s account under the contract of carriage,
- all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for shipment provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country unless included within the cost of the contract of carriage..
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
CIF
COST, INSURANCE AND FREIGHT (...named port of destination)
“Cost, Insurance and Freight” means that the seller delivers when the goods pass the ship’s rail in the port of shipment.
The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. However, in CIF the seller also has to procure marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage.
Consequently, the seller contracts for insurance and pays the insurance premium. The buyer should note that under the CIF term the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have the protection of greater cover, he would either need to agree as much expressly with the seller or to make his own extra insurance arrangements.
The CIF term requires the seller to clear the goods for export.
This term can be used only for sea and inland waterway transport. If the parties do not intend to deliver the goods across the ship’s rail, the CIP term should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel or inland waterway vessel as the case may be, of the type normally used for the transport of goods of the contract description.
b) Contract of insurance
The seller must obtain at his own expense cargo insurance as agreed in the contract, such that the buyer, or any other person having an insurable interest in the goods, shall be entitled to claim directly from the insurer and provide the buyer with the insurance policy or other evidence of insurance cover.
The insurance shall be contracted with underwriters or an insurance company of good repute and, failing express agreement to the contrary, be in accordance with minimum cover of the Institute Cargo Clauses (Institute of London Underwriters) or any similar set of clauses. The duration of insurance cover shall be in accordance with B5 and B4. When required by the buyer, the seller shall provide at the buyer’s expense war, strikes, riots and civil commotion risk insurances if procurable. The minimum insurance shall cover the price provided in the contract plus ten per cent (i.e. 110%) and shall be provided in the currency of the contract.
A4 Delivery
The seller must deliver the goods on board the vessel at the port of shipment on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship’s rail at the port of shipment.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• the freight and all other costs resulting from A3 a), including the costs of loading the goods on board and
• the costs of insurance resulting from A3 b) and
• any charges for unloading at he agreed port of discharge which were for the seller’s account under the contract of carriage; and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export, and for their transit through any country if they were for the seller’s account under the contract of carriage.
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer without delay and at his own expense with the usual transport document for the agreed port of destination.
This document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document) must cover the contract goods, be dated within the period agreed for shipment, enable the buyer to claim the goods from.the carrier at the port of destination and, unless otherwise agreed, enable the buyer to sell the goods in transit by the transfer of the document to another buyer or by notification to the carrier.
When such a transport document is issued in several originals, a full set of originals must be presented to the buyer.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods arranged by him. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for any additional insurance purposes.
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the carrier at the named port of destination.
. B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have passed the ship’s rail at the port of shipment.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period fixed for shipment, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions of A3 a), pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit until their arrival at the port of destination, unless such costs and charges were for the seller’s account under the contract of carriage,
-unloading costs including lighterage and wharfage charges unless such costs and charges were for the seller’s account under the contract of carriage,
- all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for shipment provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country unless included within the cost of the contract of carriage..
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time for shipping the goods and/or the port of destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
The buyer must provide the seller, upon request, with the necessary information for procuring insurance.
CPT
CARRIAGE PAID TO (...named place of destination)
“Carriage paid to..” means that the seller delivers the goods to the carrier nominated by him but the seller must in addition pay the cost of carriage necessary to bring the goods to the named destination. This means that the buyer bears all risks and any other costs occurring after the goods have been so delivered.
“Carrier” means any person who, in a contract of carriage, undertakes to perform or to procure the performance of transport, by rail, road, air, sea, inland waterway or by a combination of such modes.
If subsequent carriers are used for the carriage to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The CPT term requires the seller to clear the goods for export.
The term may be used irrespective of the mode of transport, including multimodal transport.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own expense for the carriage of the goods to the agreed point at the named place of destination by a usual route and in a customary manner. If a point is not agreed or is not determined by practice, the seller may select the point at the named place of destination which best suits his purpose.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must deliver the goods to the carrier contracted in accordance with A3 or, if there are subsequent carriers to the first carrier, for transport to the agreed point at the named place on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination which were for the seller’s account under the contract of carriage; and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export, and for their transit through any country if they were for the seller’s account under the contract of carriage.
•
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at his own expense, if customary, with the usual transport document or documents (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note or a multimodal transport document) for the transport contracted in accordance with A3.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods.
The seller must provide at his own expense packaging which is required for the transport of the goods arranged by him. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
b) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the carrier at the named place.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of any period fixed for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must, subject to the provisions of A3 a), pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller’s account under the contract of carriage,
-unloading costs unless such costs and charges were for the seller’s account under the contract of carriage,
- all additional costs incurred if he fails to give notice in accordance with B7, for the goods from the agreed date or the expiry date of the period fixed for dispatch provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country unless included within the cost of the contract of carriage.
.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time for dispatching the goods and/or the destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
DAF
DELIVERED AT FRONTIER (...named place)
“Delivered at Frontier” means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. The term “frontier” may be used for any frontier including that of the country of export. Therefore it is very important that the frontier in question be defined precisely by always naming the point and place in the term.
This term may be used irrespective of the mode of transport when goods are to be delivered at a land frontier. When delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization or other document necessary for placing the goods at the Buyer’s disposal.
The seller must effect, where applicable, all customs formalities necessary to export the goods to the named place of delivery at the frontier and for their transit through any country.
. A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named point, if any, at the place of delivery at the frontier. If a point at the named place of delivery at the frontier is not agreed or is not determined by practice, the seller may select the point at the named place of delivery which best suits his purpose.
However, if requested by the buyer, the seller may agree to contract on usual terms at the buyer’s risk and expense for the on-going carriage of the goods beyond the named place at the frontier to the final destination in the country of import named by the buyer. The seller may decline to make the contract and, if he does, shall promptly notify the buyer accordingly.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must place the goods at the disposal of the buyer on the arriving means of transport not unloaded at the named place of delivery at the frontier on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• İn addition to the costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export, and for their transit through any country prior to delivery in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the goods to the named place at the frontier as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at his own expense with the usual transport document or other evidence of the delivery of the goods at the named place at the frontier in accordance with A3 a).
The seller must, should the parties agree on on-going carriage beyond the frontier in accordance with A3 a), provide the buyer at the latter’s request, risk and expense, with the through document of transport normally obtained in the country of dispatch covering on usual terms the transport of the goods from the point of dispatch in that country to the place of final destination in the country of import named by the buyer.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances like “modalities”, “destination” are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization or other documents and fulfill, where applicable, all customs formalities for the import of the goods and for their subsequent transport.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4, including the expenses of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of delivery at the frontier
- all additional costs incurred if he fails to take delivery of the goods when they have been delivered in accordance with A4, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their subsequent transport.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document and/or other evidence of delivery in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
If necessary, according to A3 a), the buyer must provide the seller at his request and the buyer’s risk and expense with the exchange control authorization, permits, other documents or certified copies thereof, or with the address of the final destination of the goods in the country of import for the purpose of obtaining the through document of transport or any other document contemplated in A8.
DES
DELIVERED EX SHIP (...named port of destination)
“Delivered Ex Ship” means that the seller delivers when the goods are placed at the disposal of the buyer on board the ship not cleared for import at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination before discharging. If the parties wish the seller to bear the costs and risks of discharging the goods, then the DEQ term should be used.
This term can be used only when the goods are to be delivered by sea or inland waterway or multimodal transport on a vessel in the port of destination.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named point, if any, at the named port of destination. If a point is not agreed or is not determined by practice, the seller may select the point at the named port of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer on board the vessel at the unloading point referred to in A3 a), in the named port of destination on the date or within the agreed period, in such a way as to enable them to be removed from the vessel by unloading equipment appropriate to the nature of the goods..
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• İn addition to costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export of the goods, and for their transit through any country prior to delivery in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the estimated time of arrival of the nominated vessel in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the delivery order and/or the usual transport document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, or a multimodal transport document) to enable the buyer to claim the goods from the carrier at the port of destination.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances like “modalities”, “destination” are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4, including the expenses of discharge operations necessary to take delivery of the goods from the vessel
- all additional costs incurred if he fails to take delivery of the goods when they have been placed at his disposal in accordance with A4, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery in the named port of destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the delivery order or the transport document in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
DEQ
DELIVERED EX QUAY (...named port of destination)
“Delivered Ex Quay” means that the seller delivers when the goods are placed at the disposal of the buyer not cleared for import on the quay (wharf) at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods on the quay (wharf). The DEQ term requires the buyer to clear the goods for import and pay for all formalities, duties, taxes and other charges upon import.
If the parties wish to include in the seller’s obligations all or part of the costs payable upon import of the goods, this should be made clear by adding explicit wording to this effect in the contract of sale.
This term can be used only when the goods are to be delivered by sea or inland waterway or multimodal transport on discharging from a vessel onto the quay (wharf) in the port of destination. However if the parties wish to include in the seller’s obligations the risks and costs of the handling of the goods from the quay to another place (warehouse, terminal, transport station..) in or outside the port, the DDU or DDP terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named quay (wharf), at the named port of destination. If a specific quay (wharf) is not agreed or is not determined by practice, the seller may select the quay (wharf) at the named port of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer on the quay (wharf) referred to in A3 a), on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• İn addition to costs resulting from A3 a), all costs relating to the goods until such time as they are delivered on the quay (wharf) in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export of the goods, and for their transit through any country prior to delivery.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the estimated time of arrival of the nominated vessel in accordance with A4 as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the delivery order and/or the usual transport document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, or a multimodal transport document) to enable the buyer to take the goods and remove them from the quay (wharf).
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
- all additional costs incurred if he fails to take delivery of the goods when they have been placed at his disposal in accordance with A4, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their subsequent transport.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery in the named port of destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the delivery order or the transport document in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
DDU
DELIVERED DUTY UNPAID (...named place of destination)
“Delivered duty unpaid” means that the seller delivers the goods to the buyer not cleared for import, and not unloaded from any arriving means of transport at the named place of destination. The seller has to bear the costs and risks involved in bringing the goods thereto, other than, where applicable, any “duty” for import in the country of destination. Such “duty” has to be borne by the buyer as well as any costs and risks caused by his failure to clear the goods for import in time.
This term may be used irrespective of the mode of transport but when delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named place of destination. If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer or at that of another person named by the buyer on any arriving means of transport not unloaded, at the named place of destination on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• İn addition to costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export of the goods, and for their transit through any country prior to delivery in accordance with A4 .
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the goods as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the delivery order and/or the usual transport document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note or a multimodal transport document) which the buyer may require to take delivery of the goods in accordance with A4/B4.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer’s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to fulfil his obligations in accordance with B2, bear all additional risks of loss of or damage to the goods incurred thereby.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
- all additional costs incurred if he fails to fulfil his obligations in accordance with B2, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the appropriate delivery order or the transport document in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
DDP
DELIVERED DUTY PAID (...named place of destination)
“Delivered duty paid” means that the seller delivers the goods to the buyer cleared for import, and not unloaded from any arriving means of transport at the named place of destination. The seller has to bear all the costs and risks involved in bringing the goods thereto, including, where applicable, any “duty” for import in the country of destination.
This term may be used irrespective of the mode of transport but when delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be used.
A THE SELLER’S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence and import licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods and for their transit through any country and for their import.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named place of destination. If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer or at that of another person named by the buyer on any arriving means of transport not unloaded, at the named place of destination on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
• İn addition to costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4 and
• where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export and import of the goods, and for their transit through any country prior to delivery in accordance with A4 .
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the goods as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller’s expense with the delivery order and/or the usual transport document (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note or a multimodal transport document) which the buyer may require to take delivery of the goods in accordance with A4/B4.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods Packaging is to be marked appropriately.
A10 Other obligations
The seller must pay all costs and charges incurred to obtain documents or equivalent electronic messages mentioned in B10 and reimburse those incurred by the buyer in assisting herewith.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER’S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must render the seller at the seller’s request, risk and expense, every assistance in obtaining, where applicable, any import licence or other official authorization for the import of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to fulfil his obligations in accordance with B2, bear all additional risks of loss of or damage to the goods incurred thereby.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
- all additional costs incurred if he fails to fulfil his obligations in accordance with B2, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the appropriate delivery order or the transport document in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must render the seller at the seller’s request, risk and expense, every assistance in obtaining the documents or equivalent electronic messages issued or transmitted in the country of import which the seller may require for the purpose of making the goods available to the buyer in accordance therewith.