UNESCAP Regional Forum of Freight Forwarders, Multimodal Transport Operators and Logistics Service Providers. 6 June 2013 Negombo, Sri Lanka

Transcription

1 UNESCAP Regional Forum of Freight Forwarders, Multimodal Transport Operators and Logistics Service Providers 6 June 2013 Negombo, Sri Lanka

2 The Incoterms at a glance EXW - Ex Works ( named place of delivery ) FCA - Free Carrier ( named place of delivery ) CPT Carriage Paid To ( named place of destination) CIP Carriage And Insurance Paid To ( named place of destination) DAT Delivered At Terminal ( terminal at port or place of destination) DAP Delivered At Place ( named place of destination) DDP Delivered Duty Paid ( named place of destination) FAS Free Alongside Ship ( named port of shipment) FOB Free On Board ( named port of shipment) CFR Cost and Freight ( named port of destination) CIF Cost, Insurance and Freight ( named port of destination)

3 Not all 3-letter-codes are Incoterms: COD, FOB., e.g. Correct citation: FCA Frankfurt/Main/Lyonerstr.28.ICCIncoterms2010

4 The legal nature of the Incoterms Incoterms are not applicable by law or commercial custom require an agreement between the parties are interpretative clauses are dispositive In case of modification absolute clarity is of utmost importance!

5 System of Incoterms Clauses are divided in two categories All means of transport maritime transport and inland waterway transportation only 4 groups E F C D Ex Free Cost Deliverd Buyer s oligation ascending / Seller s obliation descending

6 Essential changes made in comparison to the version of 2000 Reduction to 11 clauses DAF, DES, DEQ, DDU have been abolished Newly introduced have been: DAP Delivered At Place ( named place of destination) DAT Delivered At Terminal ( named terminal at port or place of destination) Division in clauses for maritime transport and for all modes of transport Guidance note for every type of clause Linguistic revision, take delivery in B4 for example Special attention paid to string sales in FAS, FOB, CFR and CIF In FOB and CIF/CFR the guard rail has been dropped as physical point for the transfer of risks.

7 General rule for electronic record or procedure in A1 B1 Security clearances in A2 B2 A2 B2: Where applicable A3 B3: no obligation to A3 b): Obligation to provide information required for insurance A3 and A4: except for CFR and CIF point of delivery or loading point as specification to the place of delivery or the place of destination C- and D-clauses: Buyer s obligation to provide information required for insurance A9: notification of special packaging B10: notice about security information requirements B10: support of the seller with required information

8 Structure and classification of the Incoterms A The seller s obligations A1 General obligations of the seller B The buyer s obligations B1 General obligations of the buyer A2 Licences, authorizations, security clearances and other formalities B2 Licences, authorizations, security clearances and other formalities A3 Contracts of carriage and insurance A4 Delivery A5 Transfer of risks A6 Allocation of costs A7 Notices to the buyer A8 Delivery document A9 Checking packaging - marking A10 Assistance with information and related costs B3 Contracts of carriage and insurance B4 Taking delivery B5 Transfer of risks B6 Allocation of costs B7 Notices to the seller B8 Proof of delivery B9 Inspection of goods B10 Assistance with information and related costs

9 Group E: EXW Ex works ( named place of delivery) All modes of transport Placement of the goods at the buyer s disposal at the place of delivery. The seller does not need to load the goods on any collecting vehicle. Transfer of risks and costs Loading by buyer Clearance for import- and export by buyer

10 Group F: FCA - Free Carrier ( named place of delivery ) All modes of transport (especially suitable for container transport) Clearance for export by seller Delivery at the seller s premises or another named place by seller to a person nominated by buyer. Transfer of risks and costs Contract of carriage by buyer Clearance for import by buyer

11 Group F: FAS Free Alongside Ship ( named port of shipment) Maritime or inland waterway transport only Clearance for export by seller Placement of the goods alongside the vessel (named by the buyer) at the named place Transfer of risks and costs Contract of carriage by buyer Clearance for import by buyer

12 Group F: FOB Free On Board ( named port of shipment) Maritime or inland waterway transport only Clearance for export by seller Delivery of the goods on board the vessel nominated by buyer Transfer of risks and costs Contract of carriage by buyer ( but pay attention to A3a) Clearance for import by buyer

13 Group C: CPT Carriage Paid To ( named place of destination) All modes of transport Clearance for export by seller Contract of carriage by seller Delivery of the goods to the carrier (this place should also be named) transfer of risks Clearance for import by buyer Receipt of the goods at the place of destination transfer of costs Costs for unloading to be paid by buyer if not included in the transport / carrier charge

14 Group C: CIP Carriage And Insurance Paid To ( named place of destination) - Identical with CPT, but - Seller has to insure the buyer s risk from the place of delivery to the place of destination. Insurance in favour of the buyer Scope of cover 110% Insurance coverage: Minimum (A or B Inst.CargoClauses or comparable)

15 Group C: CFR Cost and Freight ( named port of destination) Maritime or inland waterway transport only Clearance for export by seller Contract of carriage by seller Delivery of goods on board of the vessel transfer of risks Clearance for import by buyer Receipt of the goods at the port of destination transfer of costs Costs for unloading to be paid by buyer if not included in the transport / carrier charge

16 Group C: CIF Cost, Insurance and Freight ( named port of destination) - Identical with CFR, but - Seller has to insure the buyer s risk from the place of delivery to the place of destination. Insurance in favour of the buyer Scope of cover 110% Insurance coverage: Minimum (A or B Inst.CargoClauses or comparable)

17 Group D: DAP Delivered At Place ( named place of destination) All modes of transport Clearance for export by seller Contract of carriage by seller Placement of the goods at the disposal of the buyer on the arriving means of transport at the place of destination Clearance for import by buyer Unloading by buyer Transfer of risks and costs

18 Group D: DAT Delivered At Terminal ( terminal at port or place of destination) All modes of transport Clearance for export by seller Contract of carriage by seller Unloading by seller Placement of the goods at the terminal at the place of destination (where applicable determine terminal and place) Transfer of risks and costs Clearance for import by buyer Receipt of the goods

19 Group D: DDP Delivered Duty Paid ( named place of destination) All modes of transport Clearance for export by seller Clearance for import by seller Contract of carriage by seller Placement of the goods on the arriving means of transport at the place of destination Transfer of risks and costs Receipt of the goods

20 Choice of and agreement on the right clause Is the intended mode of transport compatible with the clause? Is the intended clause for the chosen transport type in case (container, e.g.) suitable and appropriate? Are the obligations imposed on the parties performable (especially clearance for import and export)? Explicit reference to the ICC Incoterms 2010 Modifications always clear and precise! Utmost care by choosing and defining the places to be named in the context of each clause