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QUESTIONS

1) Briefly describe your understanding why we have Inco terms in international business arrangements? Who
governs the terms?

Governed by the International Chamber of Commerce (ICC), incoterms are broadly recognized around the globe.
They have the same definition within an international business arrangement regardless the companies’
nationality which to a certain extent facilitates global trades.

In addition, the terms help companies to minimize commercials risks by eliminating language issues and
establishing a set of regulations which include mainly among many others shipment and transportation
responsibility as well as the ownership of goods at a given point.

2) Choose 1 term from each group and discuss the risks and responsibilities of both the seller and the buyer.
Prepare a table and bullet point the items you wish to discuss.

Here are the exact definitions of the following incoterms, according to the international Chamber of Commerce
(2010)

 EXW - Ex Work

EXW means that the seller fulfills his obligation to deliver when he has made the goods available at his premises to the
buyer. In particular, he is not responsible for loading the goods on the vehicle provided by the buyer or for clearing the
goods for export, unless otherwise agreed. The buyer bears all costs and risks involved in taking the goods from the
seller's premises to the desired destination. This term thus represents the minimum obligation for the seller.

 DAP - Delivered at Place

DAP means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of
transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods
to the named place.

 FAS - Free Alongside Ship

FAS means that the seller fulfills his obligation to deliver when the goods have been placed alongside the vessel on the
quay or in lighters at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or
damage to the goods from that moment.
Incoterms Assignment
 CFR - Cost and Freight

CFR means that 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 the
goods have been delivered on board the vessel is transferred from the seller to the buyer when the goods pass the
ship's rail in the port of shipment. The CFR term requires the seller to clear the goods for export. This term can only be
used for sea and inland waterway transport.

Chart 1. Responsibilities of Buyers and Sellers (RIM Logistics, 2015)

INCOTERM SELLER BUYER

EXW Goods – Provide goods and any Payment – Pay the products in
documentation required by the agreement with the sales
sales contract. contract.

Licenses and Customs Formalities Licenses and Customs Formalities


– Provide the buyer at its – Request any license,
requests any license, authorization or documents
authorization or documents related to the sales contract.
required.
Carriage and Insurance – The
Carriage and Insurance – The buyer has no obligation to
seller has no obligation to provide provide contract of carriage or
carriage of goods or insurance. insurance.
Risk Transfer and Costs - Assume
Delivery – Make the products all risks of losses, damages and
available to the buyer in costs until the products have
agreement with the sales been made available by the seller
contract. in accordance with the sales
contract.
Risk Transfer and Costs – Assume
all risks of losses, damages and Pay all costs resulting from
costs until the products become failures to delivery/ failure to take
available to the buyer as delivery as stipulated in the
previously stipulated in the contract.
contract.
Pay all costs relating to export
Notice to Buyer – Provide enough and import including duties,
notice or in order words tracking taxes, customs formalities and
of the products to the buyer other charges including
transshipment.
Proof of Delivery, Transport
Documents – There is no Reimburse the seller for costs
obligation to provide the buyer associated with assistance in

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Incoterms Assignment
any proof of delivery or a obtaining export licenses and
transport document. authorizations.

Checking, Packing, Marking – Notice to Seller – Taking Delivery.


Pay all costs associated with Give the seller sufficient notice
packing and marking as well as about time, period and location.
the quality and number of
products shipped. Proof of Delivery - Provide the
Check the quality and number of seller with evidence/confirmation
products shipped. of having taken delivery.

Security/Insurance – Seller must Inspections - Pay for the costs of


provide when requested pre-shipment inspections
information about risks, expense (including inspections required by
and any other information the country of export)
required for the clearance of
goods or even as necessary Other - Pay and/or reimburse the
documents to obtain insurance. seller for all costs associated with
securing documentation
originated in the country of origin
or destination as required for
export and import.

DAP Goods – Provide the products, Payment – Pay the products in


commercial invoice or electronic agreement with the sales
message, and other contract.
documentation as required by the
sales contract Licenses and Customs Formalities
– Request any license,
Licenses and Customs Formalities authorization or documents
– Obtain at own risk and cost any related to the sales contract.
export licenses, authorizations,
export formalities and Carriage and Insurance – The
procedures, including those buyer has no obligation to
associated with transshipment to provide contract of carriage or
the named port of destination. insurance.

Carriage and Insurance – Pay all Risk Transfer and Costs - Assume
costs of carriage and all risks of losses, damages and
transshipment to the named costs until the products have
destination. been made available by the seller
in accordance with the sales
There is no obligation to provide contract.
insurance
Pay all costs resulting from
Delivery – Make the products failures to delivery/ failure to take
available to the buyer in delivery as stipulated in the
contract.
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Incoterms Assignment
agreement with the sales
contract. Pay all costs relating to export
and import including duties,
Risk Transfer and Costs – Assume taxes, customs formalities and
all risks of losses, damages and other charges including
costs until the products become transshipment.
available to the buyer as
previously stipulated in the Reimburse the seller for costs
contract. associated with assistance in
obtaining export licenses and
Notice to Buyer – Provide enough authorizations.
notice of dispatch to the buyer
and project arrival information. Notice to Seller – Taking Delivery.
Therefore, the buyer can take Give the seller sufficient notice
appropriate actions to receive about time, period and location.
products.
Proof of Delivery - -Accept the
Proof of Delivery, Transport seller's transport document in
Documents- Provide delivery conformity with the sales
orders and/or transport contract.
documents that help the buyer to
take delivery as stipulated in the Inspections - Pay for the costs of
sales contract. pre-shipment inspections except
inspections required by the
Checking, Packing, Marking – country of export.
Pay all costs associated with
packing (unless the goods are Other - Pay and/or reimburse the
traditionally delivered seller for all costs associated with
unpackaged) and marking. securing documentation
Check the quality and number of originated in the country of origin
products shipped. or destination as required for
export and import.
Security/Insurance – Seller must
provide when requested:
Information about risks, expense
and any other information
required for the clearance of
goods or even necessary
documents to obtain insurance.

FAS Goods – Provide goods and any Payment – Pay the products in
documentation required by the agreement with the sales
sales contract. contract.

Licenses and Customs Formalities Licenses and Customs Formalities


– Provide the buyer at its – Request any license,
requests any license, authorization or documents
authorization or documents related to the sales contract.
required.

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Incoterms Assignment
Carriage and Insurance – The Carriage and Insurance – Provide
seller has no obligation to provide contract of carriage from the
carriage of goods or insurance. named port of shipment.
There is no obligation for
Delivery – Deliver the products insurance.
properly/place them alongside
the vessel nominated by the Taking Delivery - Take delivery of
buyer in agreement with the sales the goods as specified in the sales
contract contract.

Risk Transfer and Costs – Assume Risk Transfer and Costs - Assume
all risks of losses, damages and all risks of losses, damages and
costs until the products become costs until the products have
available to the buyer alongside been made available by the seller
the named vessel as previously alongside the ship as stipulated in
stipulated in the contract. the sales contract.

Notice to Buyer – Provide enough Pay all costs for carriage and
notice or in order words tracking insurance from the time the
of the products. Therefore, the goods have been delivered
buyer can be aware of goods that alongside the vessel in agreement
have been delivered alongside with the sales contract.
the named vessel. Pay all costs resulting from
failures to delivery/ failure to take
Checking, Packing, Marking – delivery as stipulated in the sales
Pay all costs associated with contract as well as the ones
packing and marking. related to export and import such
Check the quality and number of as duties, taxes, customs
products shipped. formalities and transshipment.

Notice to Seller – Taking Delivery.


Security/Insurance – Seller must Give the seller sufficient notice
provide when requested about the vessel, time, period and
information about risks, expense location.
and any other information
required for the clearance of Proof of Delivery - Accept the
goods or even as necessary info seller's transport document in
to obtain insurance. conformity with the sales
contract.

Inspections - Pay for the costs of


pre-shipment inspections except
inspections required by the
country of export.

Other – Pay and/or reimburse the


seller for all costs associated with
securing documentation
originated in the country of origin
or destination as required for
export and import.
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Incoterms Assignment
Provide the seller instructions
about contract for carriage.

CFR Goods – Provide goods and any Payment – Pay the products in
documentation required by the agreement with the sales
sales contract. contract.

Licenses and Customs Formalities Licenses and Customs Formalities


– Provide the buyer at its – Request any license,
requests any license, authorization or documents
authorization or documents related to the sales contract.
required.
Carriage and Insurance – No
Carriage and Insurance – Pay all obligation to the seller.
costs of carriage by sea vessel to
the nominated port of Taking Delivery - Take delivery of
destination. the products at the port of
There is no obligation to provide destination as specified in the
insurance. sales contract.

Delivery – Deliver the products Risk Transfer and Costs - Assume


properly on the nominated vessel all risks of losses, damages and
at the named port as stipulated in costs until the products have
the sales contract. been made available by the seller
alongside the ship as stipulated in
Risk Transfer and Costs – Assume the sales contract.
all risks of losses, damages and
costs until they have passed over Pay all additional costs for the
the ship's rail at the port of goods once they have passed
destination. over the ship's rail at the port of
destination, including unloading,
Notice to Buyer – Provide lighterage and wharfage.
sufficient notice to the buyer that
the products have been delivered Pay all costs resulting from costs
on board at the named vessel related to export and import such
as duties, taxes, customs
Checking, Packing, Marking – formalities and transshipment.
Pay all costs associated with
packing and marking. Notice to Seller – Taking Delivery.
Check the quality and number of Give the seller sufficient notice
products shipped. about the port of destination,
time, period and location.
Security/Insurance – Seller must
provide when requested Proof of Delivery - Accept the
information about risks, expense seller's transport document in
and any other information conformity with the sales
required for the clearance of contract.
goods or even necessary
documents to obtain insurance. Inspections - Pay for the costs of
pre-shipment inspections except

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Incoterms Assignment
inspections required by the
country of export.

Other – Pay and/or reimburse the


seller for all costs associated with
securing documentation
originated in the country of origin
or destination as required for
export and import.
Provide the seller instructions
about contract for carriage.

3) Which Inco terms place the most risk responsibility on the seller
List the risks and responsibilities of the seller

Figure1. Chart of Responsibility - Incoterms 2010 (ABS Courier and Freight Systems , 2015)

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Incoterms Assignment
As illustrated above, the seller has much more responsibility than the buyer in the vast majority of cases, however DAP
and DDP clearly indicate the most risks for the seller.

Sellers - Risks and Responsibilities of DAP and DDP - Incoterms (RIM Logistics, 2015)

INCOTERM RISKS AND RESPONSIBILITIES


DAP Goods – Provide the products, commercial
invoice or electronic message, and other
documentation as required by the sales contract

Licenses and Customs Formalities – Obtain at


own risk and cost any export licenses,
authorizations, export formalities and
procedures, including those associated with
transshipment to the named port of destination.

Carriage and Insurance – Pay all costs of carriage


and transshipment to the named destination.

There is no obligation to provide insurance

Delivery – Make the products available to the


buyer in agreement with the sales contract.

Risk Transfer and Costs – Assume all risks of


losses, damages and costs until the products
become available to the buyer as previously
stipulated in the contract.

Notice to Buyer – Provide enough notice of


dispatch to the buyer and project arrival
information. Therefore, the buyer can take
appropriate actions to receive products.

Proof of Delivery - Provide delivery orders and/or


transport documents that help the buyer to take
delivery as stipulated in the sales contract.

Checking, Packing, Marking – Pay all costs


associated with packing (unless the goods are
traditionally delivered unpackaged) and marking.
Check the quality and number of products
shipped.

Security/Insurance – Seller must provide when


requested:
Information about risks, expense and any other
information required for the clearance of goods

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Incoterms Assignment
or even necessary documents to obtain
insurance.

DDP Goods - Provide the goods, commercial invoice or


electronic message, and other documentation as
required by the sales contract.

Licenses and Customs Formalities - Obtain at own


risk and cost any export and import licenses and
authorizations and carry out all export and
import formalities and procedures, including
those associated with transshipment to the
named port of destination.

Carriage and Insurance - Contract for and pay all


costs of carriage and transshipment (if necessary)
to the named destination. No obligation to
provide insurance.

Delivery - Make the goods available to the buyer


not unloaded at the named destination on the
date or within the period specified in the sales
contract.

Risk Transfer and Costs - Assume all risks of loss


or damage to the goods until they have been
made available to the buyer at the named
destination.

Pay all costs until the goods have been delivered


to the named destination, including carriage, all
export and import formalities and transshipment
(if necessary) to the named destination.

Notice to Buyer - Provide sufficient notice of


dispatch and projected arrival that the buyer can
take appropriate action to arrange unloading of
the goods.

Proof of Delivery - Provide the buyer with the


delivery order and/or a transport document
enabling the buyer to take delivery at the named
place of destination.

Checking, Packing, Marking - Pay all costs


associated with checking the quality and quantity
of the goods to be in conformity with the sales
contract. Provide appropriate packing (unless the
goods are traditionally delivered unpackaged) as
required for the transport of the goods, to the
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Incoterms Assignment
extent that the buyer has made transport
circumstances known to the seller prior to the
execution of the sales contract. Provide marking
appropriate to the packaging.

Security/Insurance – The seller must obtain, at its


own risk and expense, any export license or other
official authorization and carry out all customs
formalities necessary for the export of the
goods., for their transport through any country
and for their import.

The Seller must provide when requested:

Information about risks, expenses and any other


information required for the clearance of goods
or even necessary documents to obtain
insurance.

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Incoterms Assignment
1 REFERENCES
ABS Courier and Freight Systems . (2015). Incomterms Rules for any Modes of Transportation. Retrieved from
http://www.absegy.com/incotermes.html

International Chamber of Commerce. (2010). Incoterms Rules. Retrieved from https://iccwbo.org/resources-for-


business/incoterms-rules/incoterms-rules-2010/

RIM Logistics. (2015). INCOTERMS 2010. Retrieved from http://www.rimlogistics.com/wp-


content/uploads/2015/09/INCOTERMS2010.pdf

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