The International Chamber of Commerce (ICC) has produced standardised terms of trade known as Incoterms since the 1930s.
Incoterms are recognised by trading nations and clarify which party is responsible for arranging and paying for different parts of an international transaction.
Although aimed at buyers and sellers, transport operators should understand their role and responsibilities when road transport forms part of the movement.
Incoterms are reviewed and reissued by the ICC, usually each decade.
The latest version identified in the source is Incoterms 2020.
Each Incoterm has a three-letter internationally recognised abbreviation.
Incoterms 2020 contains 11 standard terms divided into:
Terms applicable to all modes of transport.
Terms applicable only to sea and inland-waterway transport.
The four sea/inland-waterway terms identified by the source are:
Free Alongside Ship (FAS).
Free on Board (FOB).
Cost and Freight (CFR).
Cost, Insurance and Freight (CIF).
The seven Incoterms applicable to all modes are the focus of this chapter.
2.2 EX WORKS (EXW)
Full term: Ex Works named place.
Normally, the seller's responsibility ends when the goods are packed and made available to the buyer at the seller's premises.
The seller must provide a commercial invoice so the buyer can make necessary Customs arrangements.
If requested, the seller must help the buyer arrange any export clearance necessary.
The buyer arranges and pays for all transport from the seller's premises to the final destination.
This includes arranging and paying for loading the goods onto the transport vehicle at the seller's premises.
The buyer arranges and pays for all Customs formalities in both the seller's country and destination country.
The buyer takes responsibility for all risks of loss or damage in transit.
2.3 FREE CARRIER NAMED PLACE (FCA)
The seller is responsible for delivering the goods to a carrier named by the buyer.
The buyer arranges and pays for transport after the seller delivers the goods to the named place.
The buyer assumes the risks of loss or damage once the goods are loaded by the carrier at the named place.
The named place is usually either the seller's premises or the carrier's premises.
The seller is responsible for loading the goods onto the transport vehicle.
The seller is also responsible for arranging export clearance.
2.4 CARRIAGE PAID TO (CPT)
CPT and CIP are the two Incoterms beginning with the letter C discussed here.
Under both, the seller contracts and pays for carriage, but risk passes to the buyer once the goods have been shipped.
Full term: Carriage Paid To the named place of destination.
The named destination is not necessarily the port of entry.
Under CPT, delivery is legally complete, and risk passes from seller to buyer at the port of departure from the UK.
Despite the transfer of risk, the seller must pay for transport to the named location in the destination country.
2.5 CARRIAGE AND INSURANCE PAID TO (CIP)
CIP is very similar to CPT.
The additional requirement is that the seller must arrange transit insurance for the entire journey.
The seller therefore pays for carriage and arranges the required insurance, while risk passes to the buyer at the point specified by the Incoterm.
2.6 DELIVERED AT PLACE UNLOADED (DPU)
The three D-group Incoterms share the key feature that legal ownership and risk do not pass from seller to buyer until the goods are delivered to a named place in the destination country.
Under DPU, delivery occurs when the seller makes the goods available to the buyer after unloading at the named terminal.
Example given by the source: the quayside at the port of destination.
The buyer is responsible for import Customs clearance.
The buyer pays any Customs duties required.
2.7 DELIVERED AT PLACE (DAP)
The seller makes the goods available to the buyer on a vehicle at a named place.
The goods are ready for unloading but have not yet been unloaded.
The named place may be the buyer's premises.
The seller is responsible for most costs and risks up to the point of unloading.
The seller's responsibilities do not include import Customs clearance or payment of Customs duties.
2.8 DELIVERED DUTY PAID (DDP)
Under DDP, the buyer has virtually no responsibilities.
The seller arranges and pays for everything needed to deliver the goods to the specified destination.
This includes duties, taxes and Customs formalities.
The seller carries all risks until the goods are safely received by the buyer.