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Incoterms 20 11 Dr. Katalin Csekő

Incoterms 20 11 Dr. Katalin Csekő. Incoterms 2000 → Incoterms 2010. Usage → UK origin form XIX. century; Written form of common practice set up by ICC; International Commercial Terms regularly revised by the ICC Paris, adopted to the changes of the world trade ;

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Incoterms 20 11 Dr. Katalin Csekő

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  1. Incoterms 2011Dr. Katalin Csekő

  2. Incoterms 2000→Incoterms 2010 • Usage → UK origin form XIX. century; • Written form of common practice set up by ICC; • International Commercial Terms regularly revised by the ICC Paris, adopted to the changes of the world trade; • The Rules regulates the geographical point/place where: • the transport-related risks pass from the seller to the buyer; • the freight, the transport-related costs and tasks will be shared between the seller and the buyer; • The Rules specifies additional conditions of the contract of sales: • The delivery place= where the seller performs=where and when the goods must be of the agreed quantity and quality; • Administrative/clerical works;

  3. Scope of Incoterms • Limited to the contract of sale and of the delivery of tangible goods; • Subject to the applicable national law; • In harmony with CISG; • Completed and modified by the usage of the port; of the concerned industry branch; of the relevant conventions of transportation; • Do not deal with: • the transfer of the property in goods; • the consequences of the breach of the contract; • It should be considered as a model-contract; • It recognize the „string-trade”;

  4. The application of Incoterms • How to use? What is the legal effect? • Incoterms as a set of rules →soft law→ not obligatory to apply; It becomes binding if: • it is incorporated in contract; • the parties are referencing to it by their course of performance; • It can be amended or completed with parties’ mutual agreement; Special classification: • One-point clause; • Two-points clause;

  5. The structure of the Incoterms 2000 & 2010 Incoterms 2000 → 13 delivery terms=clauses; in 4 basically different categories E, F, C D E-, F-, C-terms are shipment contracts D-terms are for arrival contracts; Incoterms 2010 → 11 delivery terms=clauses; Two categories: Omni-modal (or multimodal):Ex Works, FCA, CPT, CIP, DAP,DAT, DDP; Sea and inland water clauses: FAS, FOB, CIF, CFR;

  6. Structure of Incoterms1. „A” Provisions= seller’s obligations; „B” Provisions= buyer’s obligations; A1 Providing of goods and documents in conformity with the contract; B1 Payment of the price; A2/B2 Licences, authorizations and formalities; A3/B3 Contract of carriage and insurance; A4 Delivery=seller’s performance; B4 Taking delivery on the side of the buyer;

  7. Structure of Incoterms2. A5/B5 Transfer of risk; A6/B6 Transfer of costs; A7 Notice to the buyer; B7 Notice to the seller; A8/B8 Proof of delivery, transport document or equivalent electronic message; A9 Checking- packaging – marking; B9 Inspection of goods; A10/B10 Other obligations: security-related information;

  8. The groups of Incoterms 1. Group E Departure=omni-modal; one-point; EXW Ex Works .. named place Group F Departure Main carriage unpaid; all of these are „one-point” FCA Free carrier, .. named place (omni-modal term), FAS Free alongside Ship … named port of departure = sea clause; FOB Free on Board ... named port of departure= sea clause;

  9. The groups of Incoterms 2. Group D Arrival/Destination=omni-modal; one-point; DAP Delivered at point of a named place (e.g. buyer’s premise; DAT Delivered at the terminal of a named destination; DDP Delivered duty paid at named place of destination;

  10. Variants of Incoterms Parties frequently add words to an Incoterm. For example: • FOB stowed, FOB trimmed • EXW loaded, • CFR/CIF landed Incoterms do not give guidance whatsoever for such additions, therefore parties are strongly advised to clarify whether theyonly mean: • function • cost or/and • risk

  11. The groups of Incoterms 3. Group C Main carriage paid to the destination place or port; Two-points clause that means: • The seller contracts for the main carriage=from the loading place/or port to the unloading/discharging place/port (place or port of destination;) • The seller pay the freight, all transport-related costs; BUT • The transported-related risks are passing at the moment when the goods are loaded on the departing vehicle in the loading port; CFR Cost and Freight =sea clause; CIF Cost, Insurance and Freight=sea clause; CPT Carriage paid to=omni-modal; CIP Carriage and Insurance paid to=omni-modal;

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