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John Kingsley 66 3 23
Since 1923, the International Chamber of Commerce (ICC) has been publishing these
rules, creating the framework in which a deal is executed, and determining the
obligations, costs and risks between the seller and the buyer. Ever since then, one has to
search real hard to find a commercial invoice between two parties that doesn’t have
those distinct three letter codes that determine who is responsible for payment and risk
throughout the cargo’s journey from origin to destination.
The Incoterms rules were amended with the eighth version— Incoterms 2010 having
been published on January 1, 2011. The ICC have begun consultations on a new
revision of Incoterms, to be called Incoterms 2020
The Incoterms rules focus on these two key aspects of the transaction:
Which party – buyer or seller – is responsible for arranging and paying for
transport (and associated activities such as loading or unloading), import and export
procedures, insuring the goods etc.?
At what point in the journey does responsibility for the consignment transfer from
seller to buyer? This becomes important if the goods are lost or damaged in transit
By agreeing to use an Incoterms rule, the buyer and seller achieve precision and clarity
in defining their obligations and responsibilities.
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agreement – there are important matters such as transfer of title and how the goods are
John
to be paid Kingsley
for, on which the Incoterms rules are silent. 66 3 23
When the parties have agreed on an Incoterms rule to govern the transaction, it is
incorporated into the commercial agreement by way of a reference such as the
following:
1)EXW ex-works
2. b) Risk transfer from the seller to the buyer when the goods are at the disposal of the
purchaser.
3. c) Cost of assignment from the vendor to the buyer when the goods are at the
disposal of the buyer.
1. a) Carriage has to arranged by the buyer or either by the seller on the behalf or the
buyer.
2. b) Risk transfer from the vendor to the buyer when the goods have been delivered to
the carrier at the named place.
3. c) Cost transfer from the seller to the buyer when the goods have been delivered to
the carrier at the named place.
2. b) Risk transfer from the seller to the buyer when the goods have been placed
alongside the ship.
3. c) Cost transfer from the vendor to the buyer when the goods have been placed
alongside the ship.
2. b) Risk transfer from the seller to the buyer when the goods pass the ship’s rail.
3. c) Cost transfer from the vendor to the buyer when the goods have been placed
alongside the ship.
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2. b) Risk transfer from the vendor to the buyer when the goods pass the ship’s rail.
3. c) Cost transfer at the port of destination buyer, paying such fees as are not for the
sellers account under the carriage contract.
2. b) Risk transfer from the seller to the buyer when the goods pass the ship’s rail.
3. c) Cost transfer at the port of destination buyer, paying such costs as are not for the
sellers account under the carriage contract.
1. b) Risk transfer from the seller to the buyer when the goods pass the ship’s rail.
2. c) Cost transfer at the port of destination buyer , paying such costs as are not for the
sellers account under the carriage contract.
2. b) Risk transfer from the seller to the buyer when the goods pass the ship’s rail.
3. c) Cost transfer at the port of destination buyer, paying such costs as are not for the
sellers account under the carriage contract.
2. b) Risk transfer from the seller to the buyer when the goods have been de;covered at
the frontier.
3. c) Cost transfer from the seller to the buyer when the goods have been delivered at
the frontier.
2. b) Risk transfer from the seller to the buyer when the goods are placed at the
disposal of the buyer on the board of the ship.
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disposal of the buyer on the board of the ship.
John Kingsley 66 3 23
2. b) Risk transfer from the seller to the buyer when the goods are placed at the
disposal of the buyer on the board of the ship.
3. c) Cost transfer from the seller to the buyer when the goods are placed at the
disposal of the buyer on board of the ship.
2. b) Risk transfer from the seller to the buyer when the goods are placed at the
disposal of the buyer on the board of the ship.
3. c) Cost transfer from the seller to the buyer when the goods are placed at the
disposal of the buyer on the board of the ship.
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John Kingsley 66 3 23
EXW Ex Works
Within this article, we will focus on the terms most commonly used for ocean
transportation of containerized cargo.
Ex-Works or EXW
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John Kingsley 66 3 23
In this arrangement, the buyer is in control. They are responsible for arranging
everything after picking up the goods from the seller’s location. Documentation, export
licenses, and local charges at origin are all paid by the buyer, as well as transportation
costs for the truck to move from origin to the port, the ocean freight, and all other
charges at destination. The seller is only responsible for packing and having the cargo
ready at the agreed location.
The seller is responsible to deliver the cargo at POL, clear customs, and load the goods
on board the vessel nominated by the buyer. Cost and risk are divided when the goods
are actually on board of the vessel (this rule is new!) The buyer is responsible for any
other cost until the delivery at destination. FOB is the most misused incoterm, since it
was never intended for combined inland and ocean transportation in containers (see
Incoterms 2010, ICC publication 715), but only inland waterway and maritime
transport. The correct rule should be FCA.
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John Kingsley 66 3 23
The seller is responsible for all costs, including the freight up until the cargo reaches the
port of destination. The risk, however, is transferred to the buyer, once the cargo is
loaded onto the vessel (this rule is new!) The only cost not covered by the seller up until
POD is maritime insurance, which is the only difference with our next incoterm rule,
CIF.
Messaging
As already mentioned, this is exactly the same as CFR, but maritime insurance is also
covered by the buyer.
They are a universal language for global commerce that every party in the chain of
transport needs to speak. The buyer, the seller, the customs officer, the customs broker,
the freight forwarder, the carrier’s employees, the warehouse manager, and even the
trucker in many cases – just to name the most common ones.
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John Kingsley 66 3 23
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really helpful article! Easy understanding for people who do not usually work with purchasing
terms.
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John Kingsley
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