Incoterms 2010 EU Ana

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    February, 2013Amman

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    Presented by Caroline Gubbi

    Incoterms 2010

    Caroline is BDPs Regulatory Compliance Executive for Europe and has

    been with BDP since September 2010.

    Caroline is a 2010 graduate from the University of Antwerp with a

    degree in Law and Maritime Science.

    Caroline is a member of BDPs global Center of Excellence for

    Regulatory Compliance.

    Carolines duties cover a wide range of important issues, starting from

    trade regulations, hazardous materials as well as security across

    all modes.

    Caroline is the European compliance resource and provides training

    (internal & external) and assistance for the EU region on import

    and export regulatory issues.

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    Incoterms 2010

    What Incoterms arentWhat Incoterms do

    What Incoterms dont do

    Important Changes for 2010

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    Incoterms are:

    Incoterms 2010

    INternational COmmercial TERMS 11 terms of shipment and delivery created by the

    ,

    contracts

    Provide an Internationally accepted definit ion of:e respons es o uyer an e er

    The allocation of delivery costs

    The assumption of delivery risks

    Periodically updated to reflect trade practice Should be referred to as Rules

    Translated into different languages

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    Incoterms 2010

    Incoterms arent: Law Incoterms need to be specified in sales

    con rac s n or er o app y.

    This is normally done by citing the current Incoterms

    version in sales quotations and purchase orders.

    All-InclusiveDetailed situations beyond the

    scope of Incoterms must be covered elsewhere

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    Incoterms 2010

    Divide costs, risks and responsibil itiesbetween seller and buyer

    into subsidiary contracts necessary tofulf ill designated Incoterm tasks, such ascontracts of carriage and insurance

    Provide useful shorthand

    Reduce potential misunderstandingsbetween buyer and seller

    Reflect rather than dictate tradepractice

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    Incoterms 2010

    Incoterms do not: Convey title

    ress revenue recogn on

    Include all of the duties of the Buyer/Seller in a

    transaction

    Automatically apply (you must specify)

    Speak about payment disputes between buyer

    and seller Deal with a breach in contracts

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    Incoterms 2010

    mportant c anges or :

    11 terms of delivery instead of 13

    DAF, DES, DDU and DEQ have been removed

    DAP and DAT are new and have been added

    Container arrival costs are not expressed (ex: THC and

    other destination charges)

    Exact cost transfer points need to be addressed

    elsewhere in the contract

    with unloading

    FOB changed to on board vessel (ships rail reference

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    Incoterms 2010

    ANY MODE MARITIME ONLY

    EXW FAS

    FCA FOB

    CPT CFR

    CIP CIF

    DAP

    DDP

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    Ex Works (EXW) E Terms

    Sellers cost & risk end when

    goods are at the disposal of

    the Buyer at the Sellerse er s os

    Sellers Risk(Warehouse Labor &

    Export Packing)

    Buyers Cost

    Buyers Risk(Loading at Origin Point)

    premises or named place.

    EXW = ExWorks

    (Named Place)

    Buyers CostBuyers Risk(Port of Loading)

    e er

    Buyers Cost

    Buyers Risk(In Transit)

    Buyers Cost

    Bu ers Risk

    (Port of Discharge)

    Buyer

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    Incoterms 2010

    erms

    FREE CARRIERNAMED PLACE (usually the sellers

    Premises or a buyer appointed carrier terminal on the

    se er s s e

    Abbreviation: FCA

    Transport Mode: All oa ng: truc , tra n, arge at e er s ac ty s se er s respons ty

    Pre- carriage is sellers responsibility

    Sellers cost & risk end when goods are delivered to Buyers Carrier at the

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    Free Carrier (FCA) F Terms

    Sellers cost & risk end

    when goods are

    e er s osSellers Risk

    (Named Place)

    Sellers Cost

    Sellers Risk(Named Place)

    carrier.

    FCA = Free Carrier

    (Named Place)

    uyer s ost

    Buyers Risk(In Transit)

    e er

    Buyers Risk

    Buyer

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    Incoterms 2010

    Abbreviation: FAS

    Transport Mode: Vessel

    oa ng: ruc , ra n , arge, e c. a e er s ac y s se er s respons y

    Pre-carriage: Sellers responsibil ity

    Sellers cost and risk end when goods are placed alongside the vessel

    Suggestion: In case of containers delivered at a terminal, the FCA rule is

    more appropriate

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    Free Alongside Ship F Terms

    Sellers cost & risk end

    when goods are

    delivered to buyers

    Sellers Cost

    Sellers Risk Sellers Cost

    Sellers Risk

    carrier

    FAS = Free Alongside

    Ship

    (Named Port of

    Buyers Cost

    Buyers Risk

    Shipment)

    Loading)

    Buyers Cost

    Buyers Risk(In Transit)

    Seller

    Bu er

    Buyers CostBuyers Risk

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    Incoterms 2010

    FREE ON BOARD NAMED PORT OF SHIPMENT Abbreviation: FOB

    Loading: truck, train, barge, etc. at Sellers facility

    is the Sellers responsibil ity

    Pre-carria e: Sellers res onsibil it

    Vessel loading: Sellers responsibili ty

    Sellers cost and risk end when the goods are delivered on

    board the vessel nominated b the bu er

    Suggestion: For containerized shipments, consider FCA

    showing the carriers terminal at the port as the designated

    lace

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    Free on Board (FOB)

    *Ocean Only

    F Terms

    Sellers cost & risk end

    when goods are

    Sellers Cost

    Sellers Risk(Named Place)

    carrier

    FOB = Free on Board

    (Named Port of

    Sellers Cost

    Sellers Risk(On Board Ship/At

    ort o oa ng)

    Bu ers Cost

    Buyers Risk(In Transit)

    Buyers Cost

    Buyers Risk

    Seller

    (Port of Discharge)

    Buyers Cost

    Buyers Risk

    Buyer

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    Incoterms 2010

    ermsCOST AND FREIGHT NAMED PORT OF

    DESTINATION

    Abbreviation: CFR

    Transport Mode: Vessel

    Loading: truck, train, barge, etc. at Sellers facility is the Sellersresponsibility

    Pre-carriage: Sellers responsibi lity

    Vessel loading: Sellers responsibi lity

    Main carriage: Sellers responsibi lity (however, Seller is notresponsible for condition of goods whi le they are in main carriage

    transit)

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    Incoterms 2010

    COST AND FREIGHT NAMED PORT OF

    DESTINATION (continue)

    Sellers r isks for loss and damage end when the goods

    are on board the vessel

    The Seller must contract and pay the costs and freight necessaryto bring the goods to the named port of destination

    Suggestions: for containerized shipments, consider CPT showing

    the destination port or an inland location on the buyers side

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    Cost & Freight

    *

    C Terms

    Sellers assumes cost

    but not risk of delivered

    Sellers Cost

    Sellers RiskSellers Cost

    Sellers RiskPort of Loadin

    destination

    CFR = Cost & Freight

    (Named Port of Destination)

    e er s ost

    Buyers Risk(In Transit)

    Buyers CostBu ers Risk

    Seller

    (Port of Discharge)

    Buyers Cost

    Buyers Risk

    Bu er

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    Incoterms 2010

    COST INSURANCE AND FREIGHTNAMED PORT OF

    DESTINATION

    Transport Mode: Vessel

    Loading: truck, train, barge, etc. at Sellers facility is the Sellers

    res onsibilit

    Pre carriage: Sellers responsibil ity

    Vessel loading: Sellers responsibili ty

    The sellers risks of dama e or loss end when oods are on board the

    vessel The seller must contract for and pay the costs and freight necessary to

    bring the goods to the named port of destination

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    Incoterms 2010

    COST INSURANCE AND FREIGHTNAMED PORT OF

    DESTINATION (continue)

    on behalf of the buyer

    Main carriage: the contract of main carriage and payment

    Suggestion: for containerized shipments, consider CIP

    showing the destination port or an inland location on the

    .

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    Incoterms 2010

    CARRIAGE PAID TO NAMED PLACE OF

    DESTINATION

    Abbreviation: CPT

    Transport mode: All

    Loading: Sellers responsibil ity

    Pre carriage: Sellers responsibi lity a n carr age: e er s respons y

    Sellers risk ends when goods are delivered to the carrier or another

    person nominated by the seller at an agreed place

    Su estions: Ideal for containerized shi ments

    The Seller must contract for the costs of carriage necessary to bring thegoods to the named place of destination

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    CARRIAGE AND INSURANCE PAID TO

    Incoterms 2010

    NAMED PLACE OF DESTINATION

    Abbreviation: CIP

    Trans ort Mode: All

    Loading: truck, train, barge at Sellers facility is Sellers

    responsibility

    Pre-carriage: Sellers responsibi lity

    Insurance: Seller must provide buyer with insurance policy

    Sellers risk ends when goods are delivered to the carrier or

    another person nominated by the seller at an agreed place

    The seller must contract for the costs of carriage necessary tobring the goods at the named place of destination

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    Carriage & C Terms

    Seller assumes cost but not

    risk of delivering goods to

    named destination

    CIP = Carriage &Insurance Paid(Named Place of

    Destination)

    Sellers Cost

    Sellers Risk(Into Custody of

    arr er)

    Sellers Cost

    Buyers Risk

    Seller(In Transit)

    Buyers Cost

    Buyers Risk(Port of Discharge)

    Buyer

    Buyers CostBuyers Risk

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    Incoterms 2010

    D TermsDELIVERED AT TERMINAL (terminal on Buyers side)

    rev a on:

    Transport mode: all

    Sellers risks end once goods are unloaded from the arriving

    named terminal at port or place of destination

    The Seller must contract for the costs of carriage to the named

    terminal at the a reed ort or lace of destination

    Suggestion: when using this term it is recommended to specify asclearly as possible the terminal at the agreed port or place of

    destination, as the risks to that point are for the account of the

    e er

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    Delivered At D Terms

    Seller bears costs and

    risks of delivery of goods

    to Buyers

    Sellers Cost

    Sellers RiskSellers Cost

    Sellers Risk(Into Custody of

    country/location.

    DAT= Delivered At

    Terminal(Named Port /Place of

    arr er)

    Sellers Cost

    Sellers Risk

    Seller(In Transit)

    Sellers Cost

    Sellers Risk(Port of Discharge)

    Buyer

    Buyers CostBuyers Risk

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    Incoterms 2010

    DELIVERED AT PLACE ( on Buyers side)

    Abbreviation: DAP

    Trans ort mode: al l

    The sellers risks end when goods are placed at the disposal of

    the buyer on the arriving means of transport ready for unloading

    The Seller bears the costs for the carriage of the goods to thenamed place of destination or the agreed place

    Suggestion: when using this term, make clear which party is

    responsible for unloading and any type of on-carriage

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    Delivered At Place D Terms

    Seller bears cost and

    risks of delivery of goods

    Sellers Cost

    Sellers RiskSellers Cost

    Sellers RiskInto Custod of

    country/location

    DAP = Delivered At

    PlaceNamed Place of

    Carrier)

    Sellers Cost

    Destination)

    Seller

    (In Transit)

    Sellers Cost

    Sellers Risk(Port of Discharge)

    Buyer

    Buyers Cost

    Buyers Risk

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    Incoterms 2010

    Abbreviation: DDP Transport mode: All

    all the costs and risks involved in bringing the goods to the place of

    destination and

    import,

    And has to pay any duty for both export and import and

    Has to carr out all customs formalities

    The seller wi ll also need to bear the VAT !

    D T

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    DeliverDuty Paid D Terms

    Seller bears costs and

    risks of delivery of goods

    Sellers Cost

    Sellers RiskSellers Cost

    Sellers Risk

    country/location.

    DDP= Delivered Duty

    PaidNamed Place of

    Sellers Cost

    Destination)

    Seller

    (Port of Loading)

    Sellers Cost

    Sellers Risk(Named Place of Distribution)

    u er

    Sellers CostSellers Risk

    (Duty Sellers Cost)

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