Incoterms or international commercial terms are
a series of international sales terms, published by International Chamber of
Commerce (ICC) and widely used in international commercial transactions. They
are used to divide transaction costs and responsibilities between buyer and
seller and reflect state-of-the-art transportation practices. For business
terminology to be effective, phrases must mean the same thing throughout the
industry. That is why the International Chamber of Commerce created "INCOTERMS"
in 1936. INCOTERMS are designed to create a bridge
between different members of the industry by acting as a uniform language that
can be used.
Each INCOTERM refers to a type of
agreement for the purchase and shipping of goods internationally. There are 13
different terms, each of which helps users deal with different situations
involving the movement of goods. For example, the term FCA is often used with
shipments involving Ro/Ro or container transport; DDU assists with situations
found in intermodal or courier service-based shipments.
INCOTERMS also deal with the
documentation required for global trade, specifying which parties are
responsible for which documents. Determining the paperwork required to move a
shipment is an important job, since requirements vary so much between countries.
Two items, however, are standard: the commercial invoice and the packing list.
INCOTERMS were created primarily for
people inside the world of global trade. Outsiders frequently find them
difficult to understand. Seemingly common words such as "responsibility" and
"delivery" have different meanings in global trade than they do in other
situations.
In global trade, "delivery" refers to the seller fulfilling
the obligation of the terms of sale or to completing a contractual obligation.
"Delivery" can occur while the merchandise is on a vessel on the high seas and
the parties involved are thousands of miles from the goods. In the end, however,
the terms wind up boiling down to a few basic specifics:
It is essential for shippers to know the exact status of
their shipments in terms of ownership and responsibility. It is also vital for
sellers & buyers to arrange insurance on their goods while the goods are in
their "legal" possession. Lack of insurance can result in wasted time, lawsuits,
and broken relationships.
INCOTERMS can thus have a direct
financial impact on a company's business. What is important is not the acronyms,
but the business results. Often companies like to be in control of their
freight. That being the case, sellers of goods might choose to sell CIF, which
gives them a good grasp of shipments moving out of their country, and buyers may
prefer to purchase FOB, which gives them a tighter hold on goods moving into
their country.
In this glossary, we'll tell you what terms such as CIF and
FOB mean and their impact on the trade process. In addition, since we realize
that most international buyers and sellers do not handle goods themselves, but
work through customs brokers and freight forwarders, we'll discuss how both fit
into the terms under discussion.
INCOTERMS are most frequently listed
by category. Terms beginning with F refer to shipments where the primary cost of
shipping is not paid for by the seller. Terms beginning with C deal with
shipments where the seller pays for shipping. E-terms occur when a seller's
responsibilities are fulfilled when goods are ready to depart from their
facilities. D terms cover shipments where the shipper/seller's responsibility
ends when the goods arrive at some specific point. Because shipments are moving
into a country, D terms usually involve the services of a customs broker and a
freight forwarder. In addition, D terms also deal with the pier or docking
charges found at virtually all ports and determining who is responsible for each
charge.
EX-Works
One of the simplest and most basic shipment arrangements places the minimum
responsibility on the seller with greater responsibility on the buyer. In an
EX-Works transaction, goods are basically made available for pickup at the
shipper/seller's factory or warehouse and "delivery" is accomplished when the
merchandise is released to the consignee's freight forwarder. The buyer is
responsible for making arrangements with their forwarder for insurance, export
clearance and handling all other paperwork.
FOB (Free On Board)
One of the most commonly used-and misused-terms, FOB means that the
shipper/seller uses his freight forwarder to move the merchandise to the port or
designated point of origin. Though frequently used to describe inland movement
of cargo, FOB specifically refers to ocean or inland waterway transportation of
goods. "Delivery" is accomplished when the shipper/seller releases the goods to
the buyer's forwarder. The buyer's responsibility for insurance and
transportation begins at the same moment.
FCA (Free Carrier)
In this type of transaction, the seller is responsible for arranging
transportation, but he is acting at the risk and the expense of the buyer. Where
in FOB the freight forwarder or carrier is the choice of the buyer, in FCA the
seller chooses and works with the freight forwarder or the carrier. "Delivery"
is accomplished at a predetermined port or destination point and the buyer is
responsible for Insurance.
FAS (Free Alongside Ship)*
In these transactions, the buyer bears all the transportation costs and the risk
of loss of goods. FAS requires the shipper/seller to clear goods for export,
which is a reversal from past practices. Companies selling on these terms will
ordinarily use their freight forwarder to clear the goods for export. "Delivery"
is accomplished when the goods are turned over to the Buyers Forwarder for
insurance and transportation.
CFR (Cost and Freight)
This term formerly known as CNF (C&F) defines two distinct and separate
responsibilities-one is dealing with the actual cost of merchandise "C" and the
other "F" refers to the freight charges to a predetermined destination point. It
is the shipper/seller's responsibility to get goods from their door to the port
of destination. "Delivery" is accomplished at this time. It is the buyer's
responsibility to cover insurance from the port of origin or port of shipment to
buyer's door. Given that the shipper is responsible for transportation, the
shipper also chooses the forwarder.
CIF (Cost, Insurance and Freight)
This arrangement similar to CFR, but instead of the buyer insuring the goods for
the maritime phase of the voyage, the shipper/seller will insure the
merchandise. In this arrangement, the seller usually chooses the forwarder.
"Delivery" as above, is accomplished at the port of destination.
CPT (Carriage Paid To)
In CPT transactions the shipper/seller has the same obligations found with CIF,
with the addition that the seller has to buy cargo insurance, naming the buyer
as the insured while the goods are in transit.
CIP (Carriage and Insurance Paid To)
This term is primarily used for multimodal transport. Because it relies on the
carrier's insurance, the shipper/seller is only required to purchase minimum
coverage. When this particular agreement is in force, Freight Forwarders often
act in effect, as carriers. The buyer's insurance is effective when the goods
are turned over to the Forwarder.
DAF (Delivered At Frontier)
Here the seller's responsibility is to hire a forwarder to take goods to a named
frontier, which usually a border crossing point, and clear them for export.
"Delivery" occurs at this time. The buyer's responsibility is to arrange with
their forwarder for the pick up of the goods after they are cleared for export,
carry them across the border, clear them for importation and effect delivery. In
most cases, the buyer's forwarder handles the task of accepting the goods at the
border across the foreign soil.
DES (Delivered Ex Ship)
In this type of transaction, it is the seller's responsibility to get the goods
to the port of destination or to engage the forwarder to the move cargo to the
port of destination uncleared. "Delivery" occurs at this time. Any destination
charges that occur after the ship is docked are the buyer's responsibility.
DEQ (Delivered Ex Quay)
In this arrangement, the buyer/consignee is responsible for duties and charges
and the seller is responsible for delivering the goods to the quay, wharf or
port of destination. In a reversal of previous practice, the buyer must also
arrange for customs clearance.
DDP (Delivered Duty Paid)
DDP terms tend to be used in intermodal or courier-type shipments. Whereby, the
shipper/seller is responsible for dealing with all the tasks involved in moving
goods from the manufacturing plant to the buyer/consignee's door. It is the
shipper/seller's responsibility to insure the goods and absorb all costs and
risks including the payment of duty and fees.
DDU (Delivered Duty Unpaid)
This arrangement is basically the same as with DDP, except for the fact that the
buyer is responsible for the duty, fees and taxes.