Inco 2020
Inco 2020
Inco 2020
• What is Delivery?
• It is not always:
– When the goods arrive in your customer’s hands or
– When the goods leave your dock
– Defined the same in all countries
• Main Carriage:
– Domestic: subsequent transportation beyond pre-carriage
– International: transportation from the point of departure on the seller’s
side to the arrival pint on the buyer’s side
• On-carriage:
– Domestic: subsequent transportation beyond main carriage
– International: transportation from the arrival pint on the buyer’s side
Transportation Definitions
• Door – to – Door
– Contract of carriage that includes pre-carriage, main-carriage and on-
carriage by the same carrier
• Company A
• Company B
• Company A
• Automatically Apply
• Determine When Ownership Changes
– When delivery occurs or when payment happens can impact when ownership
changes
– Must be addressed specifically in contract
• Under US Law, it is when the product is delivered
• If jurisdiction is under another sovereign nation law, you need to address per
that country regulation
• If contract is subject to the United Nations Convention on Contracts for the
International Sale of Goods (CSIG) the law does not specify if it is not
addressed specifically within the contract
Incoterms – Concept
EXW FOB CFR DDP
Ex Works Free On Board Cost & Freight Delivered Duty
Paid
Cargo Insurance
Exporter Importer
Title to Cargo & Responsibility for freight cost and/or insurance
Incoterms® 2000 vs. 2010 vs.2020
• EXW – Ex Works
• EXW – Ex Works
F – Terms
C – Terms
D – Terms
F-Group Terms
Seller Buyer
• Handles Export Clearance • Contracts for Main Carriage
• Handles Pre-carriage • In charge of Carrier (and
• Named Place on Seller’s Side usually forwarder) selection
• Control over Freight Costs
• Control of Documentation
C-Group Terms
Seller Buyer
• Contracts for Main Carriage • Named Place is on Buyer’s side
• In charge of carrier (and • Has risk of loss while goods are
usually forwarder) selection in transit with carrier selected
• Handles pre-carriage and paid for by seller
• Has control over freight costs • Must rely heavily on Seller for
• In control of documentation data elements required for
ocean shipments such as
• Passes risk of loss (delivers) to Importer Security Filing
Buyer prior main carriage (known as ISF or 10+2)
• Handles export clearance
If informed, should not
consider “C” terms due to
downside described
D-Group Terms
Seller Buyer
• Contracts for Main Carriage • Named Place on Buyer’s side
• In charge of carrier (and usually • Must rely heavily on Seller for
forwarder) selection data elements required for
• Handles pre-carriage ocean shipments such as
• Has control over freight costs Importer Security Filing
• In control of documentation (known as ISF or 10+2)
• Passes risk of loss (delivers) to • Undertakes less risk than in “C”
Buyer at freight arrival point terms
• Handles export clearance • If inexperienced, or does not
have good relationship with
• Seller may have revenue carriers, is served will by “D”
recognition issues since terms
“delivery” occurs on arrival side,
meaning revenue is recognized
only upon arrival
Omni-Modal Incoterms® 2020
Ex Works (EXW) + (Named Place)
Note: Should NOT be used when the buyer cannot carry out export
requirements directly or indirectly
Incoterms
Incoterm – EXW
OK OK OK OK
The seller fulfills his obligation to deliver when he has made the goods
available at his premises or another named place, such as the factory or
warehouse, to the buyer.
EXW - Ex Works … named place
Carriage - To be arranged by the Buyer
Cost transfer - From the seller to the buyer when the goods are at the
disposal of the buyer.
Example - EXW CARLSBAD
Free Carrier (FCA) + (Named Place)
Incoterm – FCA
OK OK OK OK
The seller fulfills his obligation when he delivers the goods into the
custody of the carrier at the named point. Used for multimodal transport
such as container or roll on – roll off.
FCA – Free Carrier … named place
Carriage - To be arranged by the buyer or by the seller on the buyer’s
behalf.
Cost transfer - From the seller to the Buyer when the goods have been
Delivered to the carrier at the named place..
Example - FCA CARLSBAD
Carriage Paid To (CPT) + Named Place (on Buyer’s Side)
Note: Risk of Loss passes on Seller’s side to Buyer BUT Cost is Seller’s
responsibility to named location on Buyer’s side
Incoterms
Incoterm – CPT
OK OK OK OK
The seller delivers the goods to the carrier nominated by him, but the seller
must also pay the cost of carriage to bring the goods to the named
destination. The buyer bears all risks and any other costs occurring after
the goods have been so delivered.
CPT – Carriage Paid To … named place of destination.
Carriage - To be arranged by the seller.
Cost transfer – At the port of destination, buyer paying such costs as
are not for the seller’s account under the contract of carriage.
Example – CPT SINGAPORE.
Carriage and Insurance Paid To (CIP) +
Named Place (on Buyer’s Side)
Incoterm – CIP
OK OK OK OK
The seller delivers the goods to the carrier and also procures insurance
against the risk of loss or damage during carriage. This term allows the
exporter the greatest control over all aspects of shipment.
CIP- Carriage and Insurance Paid To … named place of destination.
Carriage - And insurance arranged by the seller. Class A
Cost transfer – At place of destination, the Buyer paying such costs as
are not for the seller’s account under the contract of carriage.
Example – CIP SINGAPORE.
Delivered at Place Unloaded– DPU +
Named Place (Buyer’s side)
Incoterm – DPU
OK OK OK OK
The seller delivers when the goods are placed at the disposal of the buyer
at the terminal cleared for export, unloaded from arrival mode of transport
DPU – Delivered at Place Unloaded… named at destination , could be
stockyard, warehouse,quay etc..
Carriage - To be arranged by the seller.
Cost transfer - From the seller to the buyer when the goods are placed at
the disposal of the buyer at the Terminal unloaded
Example – DPU SINGAPORE Quay
Delivered at Place (DAP) +
Named Place (Buyer’s Side)
Incoterm – DAP
OK OK OK OK
The seller delivers the goods to the buyer cleared for export placed at
disposal of buyer ready for unloading at named place in the destination
DAP – Delivered At Place… named place of destination.
Carriage - To be arranged by the seller.
Cost transfer - From the seller to the buyer when the goods are
placed at the disposal of the buyer..
Example – DAP ROTTERDAM.
Delivered Duty Paid (DDP) +
Named Place (Buyer’s Side)
Incoterm – DDP
OK OK OK OK
The seller delivers the goods when cleared for import, and not unloaded
from any arriving means of transport at the named place of destination.
The seller must bear all costs and risks involved in bringing the goods
thereto including any duties.
DDP – Delivered Duty Paid …named place of destination.
Carriage - To be arranged by the seller.
Cost transfer - From the seller to the buyer when the goods are placed
at the disposal of the buyer.
Example – DDP ROTTERDAM.
DDP Caveats
Incoterm – FAS
OK
X X X
The seller fulfills his obligation to deliver when the goods have been placed
alongside the vessel at the named port of shipment. The buyer has to bear
all costs and risks of loss or damage to the goods. The FAS term requires
the seller to clear the goods for receipt.
FAS – Free Alongside Ship … named port of shipment (Ship only).
Carriage - To be arranged by the buyer.
Cost transfer - From the seller to the buyer when the goods have been
placed alongside the ship.
Example – FAS LONG BEACH.
Free On Board (FOB) +
Named Place (loaded on vessel at a port on the Seller’s side)
Incoterm – FOB
OK
X X X
The seller fulfills his obligation to deliver when the goods are placed on
board a ship at the named port of shipment. All costs from that point
forward, including freight and insurance, are for the buyer’s account.
FOB – Free On Board … named port of shipment (Ship only).
Carriage - To be arranged by the seller.
Cost transfer - From the seller to the buyer when the goods pass the
ship rail.
Example – FOB LONG BEACH
Cost and Freight (CFR) +
Named Place (port on Buyer’s side)
Incoterm – CFR
OK
X X X
The seller must pay the costs and freight to bring the goods to the named
destination, but the risk of loss or damage are transferred from the seller to
the buyer when the goods pass the ship’s rail in the port of shipment.
CFR – Cost & Freight … named point of destination (Ship only).
Carriage - To be arranged by the seller.
Cost transfer – At port of destination, buyer paying such costs as are
not for the seller’s account under the contract of carriage.
Example – CFR SINGAPORE
Cost Insurance Freight (CIF) +
Named Place (port on Buyer’s side)
NOTE: Even though risk passes from Seller to Buyer on Seller’s side
(once loaded per contract), Seller contracts for and pays freight
necessary to bring goods to the named port on the Buyer’s side
Same as CPT + Insurance coverage
Incoterms
Incoterm – CIF
OK
X X X
The seller delivers when the goods pass the ship’s rail in the port of
shipment. The seller must pay the costs and freight necessary to bring the
goods to the named port of destination, but the risk of loss or damage are
transferred to the buyer.
CIF – Cost, Insurance & Freight … named port of destination (Ship only).
Carriage - Carriage and insurance to be arranged by the seller.
Cost transfer – At port of destination, buyer paying such cost as are not
for the seller’s account under the contract of carriage.
Example – CIF SINGAPORE.
Price Considerations with Incoterms® 2020
– See U.S. Cross Rulings HRL H092560 (April 7, 2010) and HRL H119857
(Sept 9, 2010) for additional information.
Cargo Security