When negotiating an international sales contract the Terms of Sale can be just as important as the sale price. Language barriers could complicate this point. Since 1936 the INCO Terms created by the International Chamber of Commerce (ICC) have been used to breakdown these barriers.
INternational COmmerce Terminology (INCO Terms) defines exactly the shipping responsibilities of both the buyer and the seller. This table illustrates the cost responsibilities for each party –
EXW | FCA | FAS | FOB | CFR | CIF (2) | CPT (1) | CIP (1) (2) | DAT | DAP | DDP | |
Ex Works | Free Carrier |
Free Alongside Ship |
Free Onboard Vessel |
Cost & Freight |
Cost, Insurance & Freight |
Carriage Paid To |
Carriage & Insurance Paid To |
Delivered At Terminal |
Delivered At Place |
Delivered Duty Paid |
|
SERVICES |
Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays | Who Pays |
Loading on Truck (Carrier) |
Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Export-Customs Declaration |
Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Carriage to Port of Export |
Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Unloading of Truck in Port of Export |
Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Loading Charges in Port of Export |
Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Carriage to Port of Import |
Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
Unloading Charges in Port of Import |
Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller |
Loading on Truck in Port of Import |
Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller |
Carriage to Place of Destination |
Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller |
Insurance | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Buyer | Seller | Seller |
Import Customs Clearance |
Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller |
Import Taxes | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller |
(1) Risk of loss or damage is transferred from Seller to Buyer when the goods have been delivered to the carrier. (2) While the Seller is responsible for insurance coverage during the main voyage, the buyer may have additional 'insurable interest' and prudence may dictate purchase of additional coverage. |
THE SEVEN RULES DEFINED BY INCOTERMS 2010 FOR ANY MODE(S) OF TRANSPORTATION ARE:
EXW – Ex Works (named place of delivery)
The seller makes the goods available at its premises. This term places the maximum obligation on the buyer and minimum obligations on the seller. The Ex Works term is often used when making an initial quotation for the sale of goods without any costs included. EXW means that a seller has the goods ready for collection at his premises (works, factory, warehouse, plant) on the date agreed upon. The buyer pays all transportation costs and also bears the risks for bringing the goods to their final destination. The seller doesn’t load the goods on collecting vehicles and doesn’t clear them for export. If the seller does load the good, he does so at buyer’s risk and cost. If parties wish seller to be responsible for the loading of the goods on departure and to bear the risk and all costs of such loading, this must be made clear by adding explicit wording to this effect in the contract of sale.
THE FOUR RULES DEFINED BY INCOTERMS 2010 FOR INTERNATIONAL TRADE WHERE TRANSPORTATION IS ENTIRELY CONDUCTED BY WATER ARE:
FAS – Free Alongside Ship (named port of shipment)
The seller must place the goods alongside the ship at the named port. The seller must clear the goods for export. Suitable only for maritime transport but NOT for multimodal sea transport in containers (see Incoterms 2010, ICC publication 715). This term is typically used for heavy-lift or bulk cargo.