INCO TERMS

THE INCOTERMS RULES OR INTERNATIONAL

COMMERCIAL TERMS ARE A SERIES OF PRE-DEFINED
COMMERCIAL TERMS PUBLISHED BY THE
INTERNATIONAL CHAMBER OF COMMERCE (ICC)
RELATING TO INTERNATIONAL COMMERCIAL LAW.

THEY ARE WIDELY USED IN INTERNATIONAL

COMMERCIAL TRANSACTIONS OR PROCUREMENT
PROCESSES AS THE USE IN INTERNATIONAL SALES
IS ENCOURAGED BY TRADE COUNCILS, COURTS AND
INTERNATIONAL LAWYERS.
 INCO TERMS

 A series of three-letter trade terms related to common

contractual sales practices, the Incoterms rules are
intended primarily to clearly communicate the tasks,
costs, and risks associated with the transportation and
delivery of goods.

 Incoterms inform sales contract defining respective

obligations, costs, and risks involved in the delivery of
goods from the seller to the buyer. However, it does not
constitute contract or govern law. Also it does not define
where titles transfer and does not address the price
payable, currency or credit items.
 INCO TERMS

 The Incoterms rules are accepted by

governments, legal authorities, and practitioners
worldwide for the interpretation of most
commonly used terms in international trade.

 They are intended to reduce or remove

uncertainties arising from different
interpretation of the rules in different countries.
As such they are regularly incorporated into sales
contracts worldwide
 EX-WORKS

 The seller makes the goods available at their

premises or at another named place. This
term places the maximum obligation on the
buyer and minimum obligations on the seller.
The Ex Works term is often used when
making an initial quotation for the sale of
goods without any costs included.

 EXW means that a buyer incurs the risks for

bringing the goods to their final destination
 FCA – Free Carrier (named
place of delivery)

 The seller delivers the goods, cleared

for export, at a named place (possibly
including the seller's own premises).
The goods can be delivered to a
carrier nominated by the buyer or to
another party nominated by the
buyer.
 FAS: Free Alongside Ship

 Free Alongside Ship means that the seller must

transport the goods all the way to the dock,
close enough to be reached by the crane of the
ship it will be transported in.

 Also it is the seller’s responsibility to clear the

goods for export

 FAS is usually followed by a place name, for

example FAS San Francisco. The place name
indicates the port where the goods are to be
delivered on the quay beside the carrier ship.
 FAS: Free Alongside Ship

 Not surprisingly, FAS applies exclusively

to maritime and inland waterway
shipping. However it does not apply to
goods packaged in shipping containers.

 FAS is instead usually used for goods sold

as bulk cargo, such as petroleum
products or grain.
 FOB: Free Onboard Vessel
 Free Onboard Vessel is sort of a hybrid, where the seller is
obligated to bring the goods all the way to the port, clear
the goods for export, AND see that they are loaded onto
the ship nominated by the buyer.

 Once the goods clear the railing of the vessel the buyer
assumes the risk. FOB is often followed by the named
loading port thus: FOB Long Beach, meaning the seller
delivers the goods, pays the port fees, and sees the goods
loaded onto the ship docked (in this case) at the port of
Long Beach.

 Note: This Incoterm is used exclusively for maritime and

inland waterway transport but not for container shipping.
 CFR: Cost and Freight, C&F OR CNF

 This acronym means that the seller covers all the

costs of bringing goods from their origin to the port
of destination, including carriage costs and clearing
the goods for export except for the insurance.
 Even though the seller takes care of the actual
loading and transportation of goods up to the port of
destination, the buyer pays the insurance (and
therefore assumes the risk) from the moment the
goods are loaded onto the vessel at the port of origin
throughout their transit to the port of destination
and beyond.
 This term is used exclusively for maritime and inland
waterway trade.
 CIF: Cost Insurance and Freight

 This term is identical to the one preceding it –

with exception for the insurance portion. With a
CIF arrangement, the seller (not the buyer)
assumes the risk (and therefore is responsible for
purchasing insurance) for the goods during
transit from origin to the port of destination.

 This term too applies solely to maritime and

inland waterway trade. However, CIF may not
be appropriate where the goods are handed over
to the carrier before they are loaded on the
vessel – the usual container scenario.
 CPT – Carriage Paid To
(named place of destination)
 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.

 The seller is responsible for origin costs including

export clearance and freight costs for carriage to the
named place of destination (either the final destination
such as the buyer's facilities or a port of destination.
This has to be agreed by seller and buyer, however).
 CIP – Carriage and Insurance Paid
to (named place of destination)
 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. CIP requires the seller to insure
the goods for 110% of the contract value under at least the
minimum cover of the Institute Cargo Clauses of the
Institute of London Underwriters (which would be Institute
Cargo Clauses (C)), or any similar set of clauses. 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.
DAT – Delivered at Terminal
 This term means that the seller covers all the costs of
transport (export fees, carriage, insurance, and destination
port charges) and assumes all risk until after the goods are
unloaded at the terminal. “Terminal” includes any place,
whether covered or not, such as a quay, warehouse,
container yard or road, rail or air cargo terminal.

 The buyer covers the cost of transporting the goods from

the terminal or port to final destination and pays the import
duty/taxes/customs costs.

 Note: With this arrangement, the seller assumes a large

portion of the risks and costs of transport. This term applies
to any mode of transport.
 DAP – Delivered at Place

 This term means that the seller pays all the costs of
transportation (export fees, carriage, insurance, and
destination port charges) up to and including the delivery
of the goods to the final destination. The buyer is
responsible to pay only the import duty/taxes/customs
costs. The buyer also is responsible to unload the goods
from the vehicle at the final destination.

 Note: The big difference between DAP and DAT is that

with DAP the seller is responsible for the final leg of the
journey and the buyer is responsible for the final
unloading of the goods. This term applies to any mode of
transport.
DDU – Delivered Duty Unpaid
(named place of destination)
 This term means that the seller delivers the
goods to the buyer to the named place of
destination in the contract of sale. A transaction
in international trade where the seller is
responsible for making a safe delivery of goods
to a named destination, paying all transportation
and customs clearance expenses but not the
duty. The seller bears the risks and costs
associated with supplying the goods to the
delivery location, where the buyer becomes
responsible for paying the duty and taxes.
 DDP – Delivered Duty Paid

 This term means that the seller assumes all the

risks and costs of transport (export fees,
carriage, insurance, and destination port
charges, delivery to the final destination) and
pays any import customs/duty. The buyer has
only to unload the goods at the final destination.

 DDP represents maximum responsibility for both

costs and risk assumption from beginning to end
to the seller. This arrangement is the opposite
end of the spectrum from EXW where the
majority of the cost and risk assumption is on the
shoulders of the buyer. This term applies to any
mode of transport.
Delivered at Frontier (named place
of delivery)
 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. The passing of risk occurs at the
frontier.
 DES – Delivered Ex Ship

 Where goods are delivered ex ship, the passing of risk

does not occur until the ship has arrived at the named
port of destination and the goods made available for
unloading to the buyer. The seller pays the same freight
and insurance costs as he would under a CIF
arrangement. Unlike CFR and CIF terms, the seller has
agreed to bear not just cost, but also Risk and Title up to
the arrival of the vessel at the named port.
 Costs for unloading the goods and any duties, taxes, etc.
are for the Buyer. A commonly used term in shipping bulk
commodities, such as coal, grain, dry chemicals; and
where the seller either owns or has chartered their own
vessel.
 DEQ – Delivered Ex Quay
(named port of delivery)

 This is similar to DES, but the passing of risk

does not occur until the goods have been
unloaded at the port of discharge.