Domestic delivery basis. Transport features of the basis for the supply of goods

1. Introduction

2. Definition of the concept “Basic conditions for the supply of goods”

3 . Brief description of sections of "Incoterms-2000"

4. Conclusion

5. List of used literature

Introduction.

Foreign economic activity is part of the economic activity of any company, arising with the latter’s entry into the foreign market and its involvement in international economic relations.

The effectiveness of foreign economic activity depends on the correct drafting of foreign trade contracts, determination of prices, delivery conditions, calculation of customs duties, knowledge of the basics of international payments and international transport.

In various types of international contracts, especially in international sales contracts, a special place belongs to the basic terms of delivery.

Basic delivery conditions are called, firstly, because they are the base (basis) that determines the content of the foreign trade price depending on the distribution of transport costs for delivering the goods between the Seller and the Buyer (since the Seller’s costs are included in the price of the goods), and, secondly , because they regulate a number of the most important, fundamental, basic issues related to organizing the delivery of goods to their destination.

In connection with its second function, any delivery basis regulates three key “transport” issues, without which the delivery of goods to their destination cannot be carried out. This:

1. Distribution between the Seller and the Buyer of transportation costs for the delivery of goods (that is, determining which costs are borne by the Seller and until when, and which, from what point onwards, are borne by the Buyer).

2. Moment of transition from Seller to Buyer:

a) risks of damage, loss or accidental destruction of the cargo;

b) ownership rights to the goods.

3. The date of delivery of the goods (that is, determining the moment of the actual transfer by the Seller of the goods to the disposal of the Buyer or his representative - for example, a transport organization - and, therefore, the fulfillment or failure of the former to fulfill its obligations regarding the delivery time).

All over the world it is customary to determine the basic conditions using the terms “Incoterms” developed by the International Chamber of Commerce.

The need for such a document was caused by the ambiguous interpretation of trade terms in different countries, which led to disagreements and disputes that had to be resolved through the courts. Therefore, the International Chamber of Commerce, based on a generalization of trade practice in different countries, unified these terms and issued in 1936 international rules for the interpretation of trade terms called “Incoterms 1936”.

This document was amended and supplemented in 1953, 1967, 1976 and 1980. Then a new edition of the Incoterms 1990 document appeared. Currently it is in force in the 2000 edition - “Incoterms 2000”

Incoterms (International Commercial Terms) are:

1) international trade terms;

2) a set of unified international rules for the interpretation of trade terms, published by the International Chamber of Commerce (ICC) of Paris. Contains provisions regulating such important issues in international trade as the distribution of costs between the parties, determining the moment of transfer of the risk of accidental loss or damage to goods from the seller to the buyer, assigning the obligation to conclude a contract of carriage and an insurance contract, the procedure for notification and proof of delivery, obtaining licenses, compliance other requirements and formalities.

Definition of the concept “Basic conditions for the supply of goods.”

Basic terms of supply are the terms of contracts for the international purchase and sale of goods. Regulate the rights and obligations of the seller and buyer related to the delivery of goods: packaging, customs clearance, insurance, obtaining export and import permits, payment of loading and unloading costs, transfer of goods to the buyer. They also contain information on the procedure for completing the relevant documents. Basic terms of delivery serve as the basis for determining the price of the goods and the moment the seller fulfills the obligation to transfer the goods to the buyer and, accordingly, the risk of accidental loss or damage to the goods transfers from the seller to the buyer.

In the practice of international trade, the most frequently repeated combinations of obligations of sellers and buyers have been identified, which have come to be considered as international trade customs. This made it possible to unify part of the terms of contracts for the international purchase and sale of goods related to their supply. The International Chamber of Commerce of Paris publishes collections containing a set of rules for the uniform interpretation of basic terms (Incoterms), which have wide practical application.

Brief description of the sections of "Incoterms-2000".

"Incoterms-2000" contains an interpretation of 13 basic delivery conditions, arranged sequentially one after another according to the principle of increasing costs and responsibility of the Seller for the delivery of goods, that is, from its lowest costs and responsibilities (delivery condition "ExWorks" - "from the factory") to expenses and responsibilities of the greatest, maximum (condition "DDP" - "delivery with payment of duty", that is, "delivery fully paid"). In Incoterms 2000, basic delivery conditions are grouped into four categories. The first letter of the term that denotes this group is used as an indicator of each group: E; F; C and D.

Group E - departure, i.e. the seller makes the goods available to the buyer at his premises;

Group F - main freight not paid, i.e. the seller places the goods at the disposal of the first carrier specified by the buyer and chartered by him;

Group C - main freight paid, i.e. the seller enters into a contract of carriage and places the goods at the disposal of the carrier;

Group D - arrival, i.e. The seller enters into a contract of carriage and places the goods at the disposal of the buyer at the agreed destination, with or without payment of duty.

Let's look at a brief summary of each group.

Group E - departure:

1. From the factory (from the enterprise, from the mine, from the warehouse) (...at a named place)

EXW - Ex Works (... named place)

Under this basic condition, the seller has no obligation to transport the goods. The seller fulfills his obligation to deliver when he makes the goods available to the buyer at his premises (for example, a factory, enterprise, warehouse, etc.), at a named place and at the time specified in the contract. The seller is not responsible for loading the goods onto a vehicle provided by the buyer and for clearing the goods for export, unless otherwise provided in the contract.

The buyer bears all costs and risks arising from the moment of acceptance of the goods at the named place from the seller’s premises within the period stipulated in the contract, provided that the goods are properly individualized, i.e. is the subject of this particular agreement.

This condition provides for the minimum obligations to be fulfilled by the seller. It should not apply if the buyer is unable, directly or indirectly, to comply with export formalities. In such cases, it is possible to apply the condition “free from the carrier (... at a named place).”

Delivery of goods can be carried out either using various types of transport in their combination, or using any one type of ground transport.

Group F - main carriage not paid for:

2. Available from the carrier (... at a named place)

FCA - Free Carrier (... named place)

The seller under this basic condition fulfills his obligation to deliver the goods when he places the goods, cleared for export, at the disposal of the carrier nominated by the buyer at the named place or point. If the exact point is not specified by the buyer, the seller may choose the place of delivery within the specified territory, where the carrier will take the goods into his possession. Usually, according to established practice, the point that is closest to the main international transport routes is selected. This may be an inland point in the country of departure, a seaport, or a carrier's cargo terminal. As documents confirming the transfer of goods to the carrier, the seller, in accordance with this basic condition, must present a bill of lading, invoice or receipt from the carrier.

The buyer must promptly indicate the destination and pay the freight charge.

By carrier we should mean any person who, under a contract of carriage concluded with the buyer, carries out or ensures the performance of transport by rail, road, sea, air, inland waterway transport or a combination of such modes of transport.

The carrier assumes responsibility for transportation. He himself enters into a contract of carriage with the owners of vehicles (contract of road, rail, air, sea or multimodal transportation) or the contract is concluded on his behalf. A forwarding company that assumes responsibility for transportation can also be considered a carrier.

If the buyer instructs the seller to deliver the goods to a person or freight forwarding firm other than the carrier, the seller is deemed to have fulfilled his obligation to deliver the goods when they are in the possession of such person or firm.

The term "transport terminal" means a railway terminal, a freight railway station, a container terminal or marshalling yard, a light commercial cargo terminal or a firm.

The term "container" includes any equipment used to form consignments, i.e. all types of containers or platforms, trailers, roll-on loading equipment and other devices for all types of transportation.

3. Free along the side of the vessel (... at the named port of shipment)

FAS - Free Alongside Ship (...named port of shipment)

Under this basic condition, the seller is obliged to deliver the goods at his own expense to the port of loading specified in the contract, at the place specified by the buyer, within the agreed time and place the goods along the side of the ship chartered by the buyer.

If the vessel, due to its size or deep draft, cannot load at the berth and loading takes place in the roadstead, the seller is obliged, at his own expense and risk, to deliver the goods on lighters (self-propelled barges) or other auxiliary means to the side of the vessel and notify the buyer about this.

Under this condition, the buyer is obliged to charter the ship in a timely manner, inform the seller in advance of its name, time of arrival, loading conditions and bear all costs for delivering the goods to the ship. The risk of accidental loss or damage to the goods passes from the seller to the buyer at the time of actual delivery of the goods along the side of the vessel at the designated port of loading within the agreed period.

The seller can provide an additional service to the buyer: book a place for transportation on a liner vessel. A liner vessel serves liner shipping, which is a form of regular shipping that ensures the direction of transportation with stable passenger and cargo flows and provides for the organization of the movement of ships assigned to the line according to a schedule with payment at a tariff.

In this case, the buyer must reimburse the seller for expenses (in particular, for issuing a bill of lading for the cargo accepted for shipment).

The buyer is responsible for clearing the goods for export. This condition shall not apply where the buyer is unable, directly or indirectly, to comply with export formalities. It should not be forgotten that these responsibilities are assigned to the buyer if the participants in the foreign economic transaction are guided by the basic conditions of Incoterms - 90. If Incoterms 2000 is used, the seller must clear the goods for export.

The FAS condition can only be applied to sea or inland waterway transport.

Providing for the distribution between the seller and the buyer of responsibilities for promoting the goods, preparing the relevant documents and paying transportation costs, determining the moment of transfer of ownership of the goods from the seller to the buyer, the risk of accidental damage or loss of the goods, as well as the delivery date.

Large legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

See what “DELIVERY BASIS” is in other dictionaries:

A condition of a foreign trade transaction that distributes between the seller and the buyer the obligations for drawing up transaction documents and paying transportation costs, determining the moment of transfer of ownership of the goods from the seller to the buyer,... ... Dictionary of business terms

Terms of a foreign trade transaction relating to the distribution of responsibilities between the seller and the buyer regarding the preparation of documents, distribution of costs, meeting delivery deadlines, etc. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B..… … Economic dictionary

SUPPLY BASIS- conditions of a foreign trade transaction relating to the distribution of responsibilities between the seller and the buyer regarding the preparation of documents, distribution of costs, fulfillment of delivery deadlines, determination of the moment of transfer of rights from the seller to the buyer... Legal encyclopedia

Conditions of a foreign trade transaction concerning the distribution of responsibilities between the seller and the buyer regarding the preparation of documents, distribution of costs, fulfillment of delivery deadlines, determination of the moment of transfer of rights from the seller to the buyer...

delivery basis- a condition of a foreign trade transaction, providing for the distribution of responsibilities between the seller and the buyer for the promotion of goods, execution of relevant documents and payment of transportation costs, determination of the moment of transition from the seller to... ... Large legal dictionary

SUPPLY BASIS- a condition of a foreign trade transaction, providing for the distribution of responsibilities between the seller and the buyer for promoting the goods, execution of relevant documents and payment of transportation costs, determining the moment of transition from the seller to... ... Large economic dictionary

delivery basis- conditions of a foreign trade transaction relating to the distribution of responsibilities between the seller and the buyer regarding the preparation of documents, distribution of costs, meeting delivery deadlines, etc.... Dictionary of economic terms

- (see DELIVERY BASIS) ... Encyclopedic Dictionary of Economics and Law

- (Greek basis) a premium to an exchange quote or a discount from it, which is the subject of bargaining. It depends on the type and quality of the goods, delivery conditions, payments and other factors. The increasing basis is indicated in points upward from the stock quote,... ... Economic dictionary

From Greek ba sis A. Basis, foundation, base. B. A premium or discount to an exchange quote. It is subject to negotiation and depends on the quality of the goods, delivery conditions, payment terms and other factors. B. can be increasing or decreasing. Dictionary … Dictionary of business terms

When concluding a purchase and sale agreement, the parties, along with other conditions, must agree and fix the basis for the supply of goods. Delivery basis sets: the Seller's obligations to deliver the goods; the moment of transfer of risks of damage and loss of goods from the Seller to the Buyer; distribution of costs for transportation, transshipment, insurance and customs clearance of goods between the Seller and the Buyer. There is a difference between shipping contracts and delivery contracts. In the first case, the Seller transfers the goods to the Buyer at the specified point (or port) in the country of departure. In the second case, the Seller transfers the goods to the Buyer at the agreed port or point in the country of destination. Until this moment, he bears the risk of damage or loss of goods. Shipping contracts, as a rule, meet the interests of both parties to the transaction. They allow the seller to receive the contract price of the goods long before it is delivered to the port (point) appointments. The buyer receives the right to carry out financial transactions with the goods (sell, pledge) from the moment of receipt of the document of title; this is especially important if the Buyer is not a consumer, but a trading company. In order to systematize all possible forms of the goods supply base and unify the responsibilities of the parties in each option, the International Chamber of Commerce and Industry in 1936 developed standard rules, which were compiled into a special document - Incoterms 1936. For ease of use, each variant of the product supply base is assigned a special code. It consists of the initial letters of English words that define the Seller’s obligations to supply the goods, and therefore the costs and risks thatincluded in the price of the product. As international trade developed, the necessary additions and changes were made to the Incoterms rules - in 1953, 1967, 1976, 1980, 1990 and 2000.

The Incoterms-90 rules were developed taking into account the following features of modern foreign trade: Development of container multimodal transportation. In this regard, new supply base options have been introduced. At the same time, the previously used private forms FOR/FOT (free on rail / free on track) and FOB airport were excluded from the general system. Use of mixed river-sea vessels for maritime transport. Therefore, the relevant forms of the goods delivery base indicate that the Seller is obliged to enter into an agreement for the carriage of goods to the specified port of destination on a sea vessel or a suitable inland waterway vessel. Introduction of electronic information transmission systems. Taking this into account, it is provided that instead of the usual shipping and transport documents, the seller may send an equivalent electronic message to the buyer. All options for the supply base of goods offered in Incoterms-90 are divided into four groups: Group E includes only one option ex works (EXW), from the factory. According to this delivery base, the Seller is obliged to transfer the goods to the Buyer in its warehouse, fully ready for transportation, but without paying customs duties and fees. The risk of damage and loss of goods passes from the Seller to the Buyer from the moment the goods are transferred to his disposal; Group F includes three main delivery bases: FCA - free carrier (named point), i.e. freely with the carrier at the specified point in the country of departure. The Seller is obliged to load the goods onto a vehicle provided by the Buyer - at its warehouse, or deliver it to the carrier’s terminal. The risks of damage or loss of cargo pass from the Seller to the Buyer from the moment the goods are loaded onto the vehicle provided by the Buyer or delivered to the carrier’s terminal. FAS - free alongside ship (named port of shipment) - freely along the side of the vessel provided by the buyer at the designated loading port. The seller is obliged, at his own expense, to deliver the goods to the pier along the side of the vessel, within the range of shore (ship) cargo facilities. The risks of damage and loss of cargo are transferred from the Seller to the Buyer at the time of delivery of the goods to the pier along sides of the ship. FOB - free on board (named port of shipment) - freely on board the vessel provided by the Buyer at the designated loading port. The seller is obliged to deliver the goods to the port at his own expense and load them on board the ship. The risks of damage and loss of cargo pass from the Seller to the Buyer from the moment the goods cross the ship's rails. Delivery basis FOB has two varieties. FOB and trimmed (stowed) - in this case the Seller is obliged not only to load the goods onto the ship, but also to pay for the trimming (stowing) of the cargo. FOB liner terms - when transporting cargo on liner terms, the shipowner organizes and pays for cargo operations at the ports of loading and unloading. The corresponding costs are included in the freight rate, 26 which is paid by the Buyer. Therefore, the Seller’s obligation is only to deliver the goods to the warehouse of the port of departure. In general, all options for the delivery base of goods that are included in group P provide that the Seller must load the goods onto a vehicle (ship, wagon, car) or deliver it to the carrier’s warehouse (berth of the loading port). The vehicle for long-haul transportation is provided and paid for by the Buyer. Group C includes four main types of supply base: CFR - cost and freight (named port of destination). The price of the goods includes the cost of the goods themselves and freight to the specified port of destination. The seller is obliged to deliver the goods to the port, load them on board the vessel chartered by him for this purpose and pay the freight. CIF - cost, insurance and freight (named port of destination). The price of the goods includes the cost of the goods themselves, its insurance for the duration of transportation between the ports specified in the bill of lading, and freight. The Seller must deliver the goods to the port of departure, charter a ship, load the goods on the ship, insure the goods during transportation in favor of the Buyer and pay freight to the port of destination. The risks of damage and loss of cargo under CFR and CIF transactions transfer from the Seller to the Buyer at the moment the cargo passes the ship's railings (handrails) at the port of loading. A variation of these transactions is the base for the supply of goods on CFR (CIF) liner terms. As already noted, when transporting on liner terms, the shipowner organizes, pays and includes in the freight rate the cost of loading and unloading cargo. Therefore, with the goods delivery base CFR (CIF) liner terms, the Seller must pay in the freight rate not only the transportation of the goods to the port of destination, but also its unloading at this port to the warehouse. CPT - carriage paid to (named point destination), i.e. transportation is paid to the specified point in the country of Destination. Unlike transactions based on CFR, the Seller pays not only sea freight, but also the delivery of goods through the territory of the country of destination to the agreed point. CIP - carriage, insurance paid (to named point), i.e. carriage and insurance of cargo are paid to the agreed point in the country of destination. Unlike Delivery basis CIF The Seller pays not only for sea freight and cargo insurance for the duration of its sea transportation (or river-sea transportation), but also for delivery of the cargo to its destination by inland modes of transport and cargo insurance for the period of such transportation. The risks of damage and loss of cargo under CPT and CIP transactions transfer from the Seller to the Buyer from the moment the goods are transferred by the Seller to the first to the carrier. Delivery of goods under these conditions (CPT or CIP) may also provide that the Seller at the agreed destination is obliged unload the goods into the warehouse, if stipulated by the contract. Group D consists of five supply base options. DAF - delivered at Frontier (named terminal): delivery to the border of the Exporter’s country. The risks of damage and loss of cargo pass from the Seller to the Buyer from the moment the goods are transferred by the Seller at the specified delivery point at the border. Unless otherwise specified in the contract, transshipment (or replacement of wheel sets) at the border is carried out at the expense of the Buyer. DES - delivered ex ship (named port of destination): delivery from a ship at the port of destination. The seller pays for the delivery of the goods to the port, their loading onto the ship and sea transportation; bears the risks of loss and damage to the goods until they are made available to the Buyer on board the ship at the port of destination. Delivery basis DEQ - delivered ex Quay (named port of destination): delivery from the berth to port of destination. Unlike the DES base, the Seller's responsibilities include not only delivering the goods to the port of destination, but also unloading them at the berth at this port. During this entire period, the Seller bears the risks of damage and loss of cargo; import duties and fees, unless otherwise specifically agreed upon in the contract, are paid by the Seller. DDU - delivered (named point) duty unpaid: delivery to the terminal in the Importer’s country, duty not paid. The seller pays all costs for delivering the goods to the agreed terminal, except for customs duties. The risks of damage and loss of cargo are transferred from the Seller to the Buyer at the moment the cargo is placed at his disposal at the agreed terminal. DDP - delivered (named point) duty paid: The only difference from Delivery basis DDU is that customs duties and taxes in the destination country are paid by the Seller. In general, the above options for the supply base of goods and their modifications cover all possible distribution options between The Seller and the Buyer are responsible for organizing the delivery of the goods, the costs and risks associated with this delivery: from the transfer of the goods to the Buyer at the Seller’s warehouse (EXM) to the delivery of the goods by the Seller to the Buyer’s warehouse - with all costs and risks associated with such transportation borne by the Seller. Insurance of goods during transportation. In most delivery options, it is understood that each of the parties (Seller and Buyer) insures the goods for that part of transportation when it bears the risks of its damage and loss. However, there are two exceptions - Delivery bases CIF and CIP. In these cases, the Seller is obliged to insure the goods in favor of the Buyer, who bears the risks of damage and loss of the cargo from the moment the cargo passes the ship's rails (CIF) or from the moment it is loaded onto the vehicle (CIP). Incoterms-90 defines in detail the obligations of the Seller and the Buyer regarding the delivery of goods. These responsibilities are grouped.

To unify the rights and obligations of the parties to a foreign trade contract, special basic conditions have been developed. We will analyze what these conditions are, as well as how they affect the size of the customs value of goods and the organization of accounting for settlements with foreign suppliers.

What is a “delivery basis”

As a result of the work carried out to unify the basic terms of delivery, based on international trade practices and trade customs, the International Chamber of Commerce issued Rules for the interpretation of international trade terms 2010.

When concluding a foreign trade contract, the key factors are basic delivery conditions. They influence the formation of the composition of the organization’s expenses, and, accordingly, the financial results of export-import operations.

Delivery basis– these are special conditions that define the obligations of the parties to a foreign trade transaction for the delivery of goods from the seller to the buyer and establish the moment of transfer of the risks of accidental loss or damage to the goods from the supplier to the buyer, as well as the moment the exporter or importer fulfills the obligations to supply the goods. The basic terms set the basis for the contract price.

In addition, the basic terms of delivery affect the structure of costs included in the customs value of the goods, together with the applicable forms of payment specified in the foreign trade contract, influence the organization of accounting for settlements with foreign suppliers.

Application of Incoterms 2010 standards

The advantage of Incoterms 2010 is that the parties to the transaction there is no need to separately specify in the contract a complete list of their rights and obligations under the contract. The fact is that a unified interpretation of terms makes it possible to achieve such mutual understanding in which the parties to a foreign trade agreement will not have disagreements regarding its terms.

The Incoterms 2010 standards are recommendatory nature and are applied by agreement of the parties. If the contract, when determining the basic delivery conditions, makes reference to a specific “Incoterms 2010”, then they acquire legal force and compliance with the conditions included in the contract becomes mandatory for the parties.

At the same time, if the contract makes reference to the delivery basis under Incoterms 2010, and some clauses of the contract do not correspond to the Incoterms 2010 delivery conditions used, then the provisions of the contract, and not Incoterms 2010, apply. In this case, it is considered that the parties to the transaction have stipulated such exceptions from Incoterms 2010 in the interpretation of individual delivery conditions.

The scope of Incoterms 2010 extends to the rights and obligations of the parties under the sales contract regarding the supply of goods. Basically, the basis determines the responsibilities, costs and risks arising during the delivery of goods from the seller to the buyer, indicates how the responsibilities of the parties are distributed for transportation and insurance, ensuring appropriate packaging of the goods, performing loading and unloading operations, establishing the moment of transfer of the risk of accidental loss or damage to the goods ; on obtaining export and import licenses, completing customs formalities for the export and import of goods; the procedure for notifying the buyer about the delivery of goods and providing him with the necessary transport documents.

In "Incoterms 2010" there are four groups of contract types. This classification is based on the following principles:

1. determining the obligations of the parties in relation to the transportation of the goods supplied;
2. increasing the seller's responsibilities.

The Table shows what the terms of the basic terms of delivery mean and what type of term should be used for a particular type of transport.

Classification of trade terms "Incoterms 2010"

In a foreign economic transaction, the basic terms of delivery “Incoterms 2010” indicate the terms of delivery of goods and determine the responsibilities of the parties related to transportation, insurance and customs clearance of goods.

Depending on the delivery basis, the contract price may include freight costs, handling costs, insurance, duties and other charges.

Therefore, when setting prices, executing a contract and determining the costs that the exporter bears and which are recognized for profit tax purposes as economically justified, it is necessary to take into account the responsibilities assigned to the supplier, based on the terms of delivery agreed upon by the parties and specified in the contract.

For example, when concluding a contract on the terms “Free carrier” (...name of place)” (FCA) The price of the goods includes the cost of the goods, the costs of customs clearance of the cargo, the cost of loading the goods onto the vehicle. It is considered that the seller has fulfilled his obligations towards the buyer if he has completed a cargo customs declaration, “cleared” the cargo and handed it over to the carrier organization or the buyer, who independently delivers the cargo to its warehouse or other destination.

For the buyer the most effective is DDP basis. The seller, under the terms of DDP delivery, fulfills the maximum obligations - bears the costs and risks of delivery, customs clearance and payment of customs duties, taxes and fees (for export, import and transit, through third countries). On this basis, the buyer must, at the request of the seller, give him, at his expense and risk, his full assistance in obtaining any import license or other official certificate required for the import of the goods.

Under basic delivery conditions C.I.P. the supplier has more responsibilities. It is he who is obliged to provide the goods to the carrier named by him, insure the cargo, and also carry out customs clearance of the goods for export. The buyer can enter into an insurance contract with greater coverage. The buyer is responsible for all costs of completing customs formalities payable upon import of the goods. The costs of customs clearance and payment of customs duties, taxes and fees during transit through third countries may be borne by both the buyer and the seller, depending on the terms of the contract.

When using “delivery of goods by sea or river”, it is most acceptable for the seller to sell the goods on the terms FOB And CIF. In both cases, the seller assumes no risk of accidental loss or damage to the goods from the moment the goods are loaded onto the ship and the bill of lading is received at the port of departure. The seller receives payment immediately after delivery of the goods and presentation of the relevant documents to the bank, that is, long before the buyer receives the goods sent to him.

Thus, based on the basic conditions of “Incoterms 2010” specified in the foreign trade contract, they calculate contract (export) price of the goods, determine the responsibilities of the seller and buyer for the presentation and payment of commercial documents, distribute the risk of loss or damage to the goods between the parties.

There are no provisions in Incoterms 2010 about the moment of transfer of ownership of the goods. This provision must be specifically provided for in the foreign trade contract. Otherwise, this issue will be resolved on the basis of the rules of applicable law.

In basic conditions it is established the moment the risk of accidental loss or damage to the goods passes from the seller to the buyer. The risk of loss or damage to the goods, as well as the obligation to pay the corresponding expenses, transfers from the seller to the buyer from the moment the seller fulfills the obligation to deliver the goods.

It is better to specify in the contract that the transfer of ownership of the exported goods occurs at the moment of transfer of the goods to the carrier, that is, at the time of delivery under a given basic condition.

In international trade, there are a number of rules governing the relationship between buyer and seller regarding the transfer of goods by the seller into the ownership of the buyer.

When transporting goods to the buyer from the seller, significant costs arise, which are included in the final cost of the goods.

Transporting goods is also accompanied by the risk of damage to the goods or accidental loss. Therefore, when allocating the costs of transporting goods, it is necessary to take into account the moment when the risk of damage to the goods or accidental death passes from the seller to the buyer. Therefore, the parties to the contract are faced with the task of most fully and clearly formulating and distributing responsibilities regarding the delivery of goods.

Basic delivery conditions

Based on what delivery costs are included in the cost of the goods, the price basis is formed, hence the name of the delivery conditions - basic.

Basic delivery conditions were formed on the basis of international trade practices. For the first time, the International Chamber of Commerce issued "International Rules for the Interpretation of Trade Terms" - International Commercial Terms(Incoterms - Incoterms).

Subsequently, this document was transformed and improved. Changes and additions were made to it, which were due to changes and features in specific periods in international trade practice.

From a legal point of view, Incoterms are not a mandatory document. If the contract does not provide for the application of Incoterms rules, then the parties may agree on other delivery conditions that must be reflected in the contract.

Basic delivery terms Incoterms 2010

Today, the basic terms of delivery in the 2010 edition are applied - Incoterms 2010, which contain 11 terms. Each of these terms clearly defines the responsibilities of the buyer and seller that are associated with the delivery of goods.

Table 1 - Incolentis 2010 terms

All terms are divided into four groups:

• "E" (EXW),
• "F" (ECA, FAS and FOB),
• "C" (CFR, CIF, CPT and C IP),
• "D" (DAT, DAP and DDP).

Group "E" terms

This group covers all existing modes of transport. In addition, situations where more than one mode of transport is used during transportation are also covered.

Term EXW (Ex works)- describes a situation in which the seller is considered to have fulfilled his delivery obligations when he makes the goods available to the buyer at his premises or at another named place (for example: a plant, factory, warehouse, etc.). The seller does not carry out loading work on the vehicle; in addition, customs clearance of goods for export also falls on the buyer. That is, the seller has minimal responsibilities, and the buyer must bear the bulk of the costs and all the risks associated with transporting the goods from the seller to the destination. At the same time, with the consent of the parties, a situation is possible in which the seller can assume responsibilities for loading the products, but this point must be clearly stated in the additional agreement to the sales contract. In Russian there is such a thing as self-pickup for this term.

Group "F" terms

This group describes the situation in which the seller must place the goods at the disposal of the carrier chosen by the buyer. At the same time, the seller does not pay for the main type of transportation.

Term FCA (Free carrier)- describes a situation in which the seller delivers customs-cleared goods by the carrier specified by the buyer to the destination agreed in the contract. Please note that the choice of destination location affects the obligations to carry out loading and unloading operations at the specified location. If delivery is made from the seller's premises, the seller is responsible for the shipment. In a situation where delivery is made to another agreed destination, the seller is not responsible for the shipment of the goods. At the same time, the contract describes the destination of delivery of the products as accurately and in detail as possible. This group covers all existing modes of transport. In addition, situations where more than one mode of transport is used during transportation are also covered. The type of transport is determined by the buyer, and it is the buyer who enters into supply contracts and monitors the entire chain of cargo delivery.

Term FAS (Free alongside ship)- this term is used exclusively for sea and inland water transport. This term describes the situation in which the seller makes delivery with the goods placed alongside the ship, on the quay or on lighters at the named port of shipment. The risk of loss or damage to the goods passes when the goods are placed along the side of the vessel, at which point the buyer bears all costs. That is, from this moment all risks and current expenses are borne by the buyer.

Term FOB (Free on board)- this term describes a situation in which the seller fulfills his obligations to ship when the goods have passed the ship's rail at the named port of shipment. Thereafter, all costs and risks of product loss are borne by the buyer. Under this scheme, customs clearance of goods for export is carried out by the seller. This term can only be used when transporting goods by sea or inland waterway transport. If the parties concerned do not intend to deliver the goods over the ship's rail, the term FCA must be used.

Group C terms

This group describes the delivery conditions under which the seller undertakes to enter into a contract of carriage, but he is not responsible for damage to the goods or accidental death during transportation, and does not bear any other additional costs after loading the goods.

Term CFR (Cost and freight)- as soon as the goods pass the ship's rail at the port of shipment, the seller's function to deliver the products is considered completed. Once the goods are on board the vessel, all risks and expenses pass to the buyer. In this case, the seller enters into all the necessary contracts for the implementation of freight, and also assumes all the necessary costs for the delivery of the goods.

Term CIF (Cost, insurance, freight)- in this term, the seller also undertakes to deliver the goods on board the ship. All risks of damage and loss of cargo pass to the buyer after the goods are on board. In this case, all freight costs are paid by the seller. The buyer should note that the terms of the CIF term require the seller to provide only the minimum level of coverage available. If it is necessary to increase the level of insurance coverage, all actions and costs are already borne by the buyer.

Term CPT (Carriage paid to...)- in this situation, the seller assumes all delivery costs and is obliged to deliver the goods at the destination agreed with the buyer. Export customs clearance is the sole responsibility of the seller.

Term CIP (Carriage, insurance paid to...)- the seller transfers the products to the carrier (determined by the buyer) at the agreed place. In this case, the seller enters into contracts and bears the costs associated with transporting the goods to the destination. The seller also enters into an insurance contract for the period of cargo transportation on his own behalf, but the beneficiary in this contract is the buyer. The amount of cargo coverage is set to a minimum.

Group D terms

Group "D" describes the terms of delivery under which the seller pays all costs and assumes all risks until the goods are delivered to the country of destination.

Term DAT (Delivered at terminal)- the seller’s obligations are considered fulfilled from the moment the products are transferred to the buyer at the terminal at the port of destination pre-agreed in the contract. In this case, the cargo can be delivered by any type of transport (airplane, ship, train, road or pipeline). A “terminal” is any location such as a pier, warehouse, container yard or road, rail or air cargo terminal. Export customs clearance is the responsibility of the seller.

Term DAP (Delivered at point)- the seller delivers when the goods are made available to the buyer on an arriving vehicle ready for unloading at the agreed destination. The seller bears all risks associated with the delivery of the goods to the destination. The seller's obligations are considered fulfilled when the cargo is handed over to the buyer at any place agreed with the seller in the country of destination. This term recommends entrusting customs clearance of goods to the seller, but does not require it.

Term DDP (Delivered duty paid)- in this case, the cargo is transferred by the seller to the buyer at the terminal in the port of the country of destination or at a place agreed with the seller (country of destination). In this case, the seller independently clears the cargo for import and pays all customs duties. The seller bears all costs and risks associated with delivering the goods to the delivery point and is obliged to clear the cargo through customs.

When using Group D terms, the seller is responsible for the arrival of the goods at the agreed port of destination or point and bears the costs of delivering the goods and all types of risks.

If you notice an error in the text, please highlight it and press Ctrl+Enter