tabelle fca - know
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It should also be noted that the chosen place of delivery affects the obligations of loading and unloading the goods at that place.
However, if delivery occurs at any other place, the seller is deemed to have delivered the goods once their transport has arrived at the named place; the buyer is responsible for both unloading the goods and loading them onto their own carrier.
The seller pays for the carriage of the goods up to the named place of destination. However, the goods are considered to be delivered when the goods have been handed over to the first or main carrier, so that the risk transfers to buyer upon handing goods over to that carrier at the place of shipment in the country of Export.
This has to be agreed to by seller and buyer, however. If the buyer requires the seller to obtain insurance, the Incoterm CIP should be considered instead.
This term is broadly similar to the above CPT term, with the exception that the seller is required to obtain insurance for the goods while in transit.
The policy should be in the same currency as the contract, and should allow the buyer, the seller, and anyone else with an insurable interest in the goods to be able to make a claim.
CIP can be used for all modes of transport, whereas the Incoterm CIF should only be used for non-containerized sea-freight. This Incoterm requires that the seller delivers the goods, unloaded, at the named terminal.
The seller covers all the costs of transport export fees, carriage, unloading from main carrier at destination port and destination port charges and assumes all risk until arrival at the destination port or terminal.
The terminal can be a Port, Airport, or inland freight interchange, but must be a facility with the capability to receive the shipment.
If the seller is not able to organize unloading, they should consider shipping under DAP terms instead. All charges after unloading for example, Import duty, taxes, customs and on-carriage are to be borne by buyer.
Under DAP terms, the risk passes from seller to buyer from the point of destination mentioned in the contract of delivery. Once goods are ready for shipment, the necessary packing is carried out by the seller at his own cost, so that the goods reach their final destination safely.
All necessary legal formalities in the exporting country are completed by the seller at his own cost and risk to clear the goods for export.
After arrival of the goods in the country of destination, the customs clearance in the importing country needs to be completed by the buyer, e.
Under DAP terms, all carriage expenses with any terminal expenses are paid by seller up to the agreed destination point. The necessary unloading cost at final destination has to be borne by buyer under DAP terms.
Seller is responsible for delivering the goods to the named place in the country of the buyer, and pays all costs in bringing the goods to the destination including import duties and taxes.
The seller is not responsible for unloading. This term places the maximum obligations on the seller and minimum obligations on the buyer.
No risk or responsibility is transferred to the buyer until delivery of the goods at the named place of destination. The four rules defined by Incoterms for international trade where transportation is entirely conducted by water are as per the below.
It is important to note that these terms are generally not suitable for shipments in shipping containers; the point at which risk and responsibility for the goods passes is when the goods are loaded on board the ship, and if the goods are sealed into a shipping container it is impossible to verify the condition of the goods at this point.
This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment. The FAS term requires the seller to clear the goods for export, which is a reversal from previous Incoterms versions that required the buyer to arrange for export clearance.
However, 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 should be used only for non-containerized seafreight and inland waterway transport. Under FOB terms the seller bears all costs and risks up to the point the goods are loaded on board the vessel.
In this case, the seller must also arrange for export clearance. On the other hand, the buyer pays cost of marine freight transportation, bill of lading fees, insurance, unloading and transportation cost from the arrival port to destination.
However, FOB is commonly used incorrectly for all modes of transport despite the contractual risks that this can introduce.
In some common law countries such as the United States of America , FOB is not only connected with the carriage of goods by sea but also used for inland carriage aboard any "vessel, car or other vehicle.
The seller pays for the carriage of the goods up to the named port of destination. Risk transfers to buyer when the goods have been loaded on board the ship in the country of Export.
The Shipper is responsible for origin costs including export clearance and freight costs for carriage to named port. If the buyer does require the seller to obtain insurance, the Incoterm CIF should be considered.
CFR should only be used for non-containerized seafreight and inland waterway transport; for all other modes of transport it should be replaced with CPT.
This term is broadly similar to the above CFR term, with the exception that the seller is required to obtain insurance for the goods while in transit to the named port of destination.
The policy should be in the same currency as the contract. The seller must also turn over documents necessary, to obtain the goods from the carrier or to assert claim against an insurer to the buyer.
The documents include as a minimum the invoice, the insurance policy, and the bill of lading. These three documents represent the cost, insurance, and freight of CIF.
Then, the buyer has to pay at the agreed price. Another point to consider is that CIF should only be used for non-containerized seafreight; for all other modes of transport it should be replaced with CIP.
The risk and the cost is not always the same for Incoterms. In many cases, the risk and cost usually goes together but it is not always the case.
While these terms do not feature in the current version of Incoterms it is possible that they may be seen in sales order contracts. Care must be taken to ensure that both parties agree on their obligations in this case.
This term can be used when the goods are transported by rail and road. The seller pays for transportation to the named place of delivery at the frontier.
The buyer arranges for customs clearance and pays for transportation from the frontier to his factory. These extracts can be reproduced provided that the source is cited and a link to the ICC Store is mentioned.
More information available on the dedicated page. The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.
The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.
The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.
The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination.
The seller bears all risks involved in bringing the goods to the named place. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.
The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.