The Incoterms are a series of internationally recognized trade clauses published by the International Chamber of Commerce (ICC). They regulate the rights and obligations of buyers and sellers in international trade transactions, particularly regarding transportation, delivery, the assumption of transport costs, and the risk of loss or damage to goods.
In global trade, the Incoterms (International Commercial Terms) play a pivotal role. They define uniform regulations for international goods traffic and are essential for the smooth conduct of cross-border business transactions. In this article,
EXW (Ex Works): The seller makes the goods available at their premises. The buyer bears all costs and risks of transport.
FOB (Free On Board): The seller bears the costs up to loading the goods onto the buyer's transport vehicle.
CIF (Cost, Insurance, and Freight): The seller bears the costs to the destination port, including insurance.
DAP (Delivered At Place): The seller bears all costs and risks until the goods are delivered to the agreed place.
The Incoterms provide a clear and uniform language for international trade. They help to avoid misunderstandings and conflicts by precisely defining who is responsible for what costs, risks, and obligations at each stage of transport.
The Incoterms are regularly reviewed and updated to adapt to changing conditions in international trade. The latest version is Incoterms 2020, which includes important changes and updates.
The Incoterms are an indispensable part of international trade. They provide clarity and security for buyers and sellers and help make global trade more efficient and fair. Every company engaged in international trade should have a thorough understanding of the Incoterms to conduct successful and secure business transactions.
As can be seen, there are four groups of Incoterms, each structured according to the same basic principle. Within each group, the seller's obligations increase, while those of the buyer decrease. In EXW, the buyer bears most of the costs and risks, while the seller has no obligations. In DDP, the seller bears most of the costs and risks and has most of the obligations. The transfer of risk and cost varies by Incoterm and is shown in the table.
It is important to note that the table only provides a rough overview of the Incoterms. Each commercial contract is unique and parties should carefully review the Incoterms clauses and adapt them to their specific needs as necessary.
Incoterms are a collection of standardized clauses that enable the contracting parties in an international sales contract to make arrangements about the place of performance, further performance obligations and the transfer of risk. Incoterms are thus a kind of standardization of commercial clauses and provide a global standard for delivery terms in international transactions.
The main purpose of Incoterms is to distribute the duties of care, the risk and the costs of an international transaction equally between the two contracting parties. The current regulations of the Incoterms are valid worldwide and came into force on January 01, 2020. The Incoterms are constantly adapted to new trading conditions and thus provide a practical basis for the contracting parties when conducting international trade transactions.
Overall, the use of Incoterms clauses offers not only internationally, but also nationally, a sensible and recommended way of standardizing performance in sales contracts and establishing uniform rules. However, when choosing Incoterms clauses, contracting parties should make sure that these clauses meet the specific requirements and needs of the particular transaction and are legally permissible.
It should also be noted that Incoterms clauses do not include provisions for payment terms and that the choice of clauses does not automatically secure the delivery of goods. Companies should therefore carefully inform themselves about the terms and conditions before using Incoterms clauses and, if necessary, consult an experienced customs agent or freight forwarder.
Here is a table of the most important Incoterms and the associated rights and obligations of the seller, transfer of risk and transfer of cost:
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