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Title: Incoterms , Its Implications in Contract
Description: Incoterms , Its Implications in Contract
Description: Incoterms , Its Implications in Contract
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The use of Incoterms 2000
Agreement to abide by a set of internationally applicable
rules in the arrangement & operation of international
transportation
A standard three-letter abbreviated terminology
Translated into various languages
Covers thirteen main options
The rules associated with each term clearly describe the
key obligations of sellers, buyers and carriers with regard
to:
Incoterms
Delivery of the Goods
Transfer of Risks
Transfer of Costs
ITC
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...
1-2
The difference between transfer of
ownership, title, delivery and risk
Transfer of Ownership:
Determined by clauses in the contract can happen at any time, even after
delivery
Transfer of Documents of Title:
Specified in Incoterms - linked directly
to the transfer of risk & delivery of the
goods
Note:
The title-holder bears the risks of loss or damage
Delivery = handing over the goods from one party to another
Transfer of title = Taking delivery & transfer of risk
ITC
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...
When and where the seller provides the goods to the buyer &
when & where the buyer is obliged to pay the contracted price
2
...
3
...
Conditions for delivery by the seller & acceptance by the buyer
5
...
Allocation of costs associated with movement of the goods
7
...
Proof of delivery, transport documents or electronic messages
9
...
Obligations of mutual assistance, information & documentation
ITC
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...
2-2
Incoterms– Point of delivery of the goods and transfer of risk
E
F
C
ITC
EXW Ex works
Upon delivery of goods at the seller’s premises
(named place)
FCA
Free carrier
FAS
Free alongside
ship
Upon delivery of goods alongside ship (named
port of shipment)
FOB
Free on board
When the goods pass the ship’s rail at the named
port of shipment
CFR
Cost and freight
When the goods pass the ship’s rail at the port of
shipment
CIF
Cost, insurance and
freight
CPT
Carriage
paid to
Upon delivery of goods to the carrier
(named place)
CIP
Carriage and
insurance
paid to
Upon delivery of goods to the carrier
(named place)
Upon delivery of goods to the carrier
(named place)
When the goods pass the ship’s rail at the port of
shipment
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...
2-4
DELIVERY and TRANSFER OF RISK can take place at many
points between the seller’s premises and the buyer’s premises
Customs
Customs
Seller
Buyer
EXW FCA
CPT
CIP
FAS FOB
CFR
CIF
DES
DEQ
DDU
DDP
Waterborne transport only
Transport
by land
Customs
Customs
DAF
ITC
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2-6
Point of delivery & transfer of risk
for maritime “F” and “C” terms
Over the ship’s rail: FOB, CFR & CIF
PORT OF ORIGIN
Customs
Douane
Alongside the ship: FAS
ITC
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...
3-2
DAF terms are commonly used
for land transport
COUNTRY OF EXPORT
COUNTRY OF IMPORT
Customs
Douane
Customs
DAF
Douane
Delivered at
frontier, export
customs cleared
ITC
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...
6-1
INCOTERMS in action
For any two products that your enterprise imports, or
would like to import, identify the most appropriate
Incoterm to use and indicate why this term is the most
appropriate for your company
...
ITC
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...
5-1
Action Point
A
...
5-2
The role of the Incoterm used
and custom & practice of the trade
in establishing the contract of carriage
INCOTERM used in
the Sales Contract
Seller
Contract of
carriage
Buyer
Transport Operator(s)
Custom & practice
of trade
ITC
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...
6-3
Custom and Practice of Trade
Which are the traditional “customs and trade
practices” that you find in your enterprise’s business
sector?
How do these affect the way in which transport is
organised and carried out?
ITC
M10:A:6
Title: Incoterms , Its Implications in Contract
Description: Incoterms , Its Implications in Contract
Description: Incoterms , Its Implications in Contract