incoterms 2010 (parte1)

INCOTERMS 2010

INCOTERMS 2010

Enero, 2011METROPOLITANA

CARGA1AgendaINCOTERMS 2010

I. Qu son los INCOTERMS?

I. Qu son los Incoterms?INternational COmmercial TERMS

Es un conjunto de reglas para la interpretacin de los trminos comerciales en un contrato de venta.Son publicados y actualizados regularmente por la Cmara Internacional de Comercio (ICC) Ayudan a prevenir malos entendidos entre comprador y vendedor en el contrato de venta.Existen once Incoterms para la revision del 2010, a diferencia de los trece incoterms que existian en la revision del 2000 y cada uno de ellos se utiliza para una situacin especfica.Incoterms pueden ayudarnos para saber quien es el responsable de los daos en casos como estos!!

44This is the reason Incoterms have to be agreed upon between the buyer and the shipper.AgendaINCOTERMS 2010

II. Finalidad de los INCOTERMS II. Finalidad de los IncotermsEstablecer un conjunto de reglas internacionales para la interpretacin de los trminos utilizados en el comercio internacional. As podrn evitarse las incertidumbres derivadas de las distintas interpretaciones de tales trminos en diferentes pases

- Determinar el punto exacto de la transferencia del riesgo y la responsabilidad del cuidado de la mercanca entre vendedor y comprador

II. Finalidad de los Incoterms- Indicar en donde inicia y en donde termina la responsabilidad del que vende y en donde empieza la responsabilidad del que compra- Los INCOTERMS no determinan la propiedad de una mercanca, este punto debe ser previsto en otra clusula en el contrato de venta- Los INCOTERMS son especficos al modo de transporte no observar esta norma puede resultar en invalidez de los trminos del embarque- Determinar el punto exacto de la transferencia del riesgo y las responsabilidades entre el vendedor y compradorIncoterms 2010Para la version de los Incoterms 2010, desaparecieron los siguientes Incoterms:DAFDEQDESDDU

Y se aadieron dos nuevos Incoterms:DAPDAT2000 vs. 2010Incoterms 2000 (13)Incoterms 2010 (11)EXWEXWFCAFCACPTCPTCIPCIPFASFASFOBFOBCFRCFRCIFCIFDEQDATDAFDAPDESXDDUXDDPDDP

Incoterms Linea de Proceso

2020AgendaINCOTERMS 2010

III. Categoras Los INCOTERMS se agrupan en 4 categoras:EFCDIncotermsEXW En FbricaFCA, Libre Transportista;FAS, Libre al Costado del Buque; y, FOB, Libre a BordoCFR Costo y Flete;CIF Costo Seguro y Flete; CPT Porte Pagado Hasta; y, CIP Porte y Seguro Pagado HastaDAT, Entregado en la terminal; DAP, Entregado en el lugar; y, DDP, Entrega en Destino con Derechos Pagados Conceptonico trmino donde el vendedor no corre ningn riesgo en la venta. La entrega de la mercanca se hace en los almacenes del vendedor.El vendedor se encarga de entregar la mercanca a un medio de transporte escogido por el comprador. En la localidad del vendedorEl vendedor contrata el transporte para entregar la carga en un punto de destino del lado del comprador. El vendedor no toma riesgo de la mercanca despus de despachar la carga. El vendedor toma todos los riesgos y responsabilidades necesarios para llevar la mercanca al pas de destino.

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CARGALes continuaremos informando.Gracias!Av. Santa Cruz #1274Edificio Comercial Center, Piso 8, Of. 2Telf.: 4115221 Fax:4115222

EXW
Any Mode of Transport
Ex Works

EXW
Seller delivers when goods are placed at the disposal of the buyer at the sellers premises or named point.Goods are not loaded.
Ex Works

EXWDivision of Responsibilities

SellerBuyerGoodsMakes goods available for pick-up and packaged suitable for transportationPays for goods Makes seller aware of transportation method for proper packagingLoadingNo responsibilityAll loading unless additional arrangements are made by shipper.CarriageNo responsibilityPre-carriage, Main carriage, On-carriageLicensesNo obligationAll risk and expenses for export/import licenses or authorizationDeliveryDelivers goods by placing them at the disposal of the buyer at the agreed point and dateMust take delivery of goods when location/date has been agreed uponAllocation of CostSeller pays all cost relating to the goods until they have been delivered to delivery locationa) Pay all costs relating to the goods from the time of delivery b) Pay additional costs incurred by failing to take delivery c) Pay applicable duties, taxes, and other charges d) Reimburse all costs incurred by the seller in providing assistance

EXW
Notes:Seller has no obligation to load goods, even if they are in a better position to do so.Seller has no obligation to provide assistance or to organize export clearance.Buyer has limited obligations to provide seller with any information regarding the export of the goods.

SELLER
FCA
Free Carrier

SELLER
FCA
FCA + Sellers premisesSeller delivers the goods to the carrier nominated by the buyer at the named place.

Seller loads goods.
Free Carrier

SELLER
FCA
Free Carrier
FCA + other point on sellers sideDelivery occurs when the delivery conveyance arrives at the agreed upon place ready for unloading.

FCA Division of Responsibilities

SellerBuyerGoodsMakes goods available for pick-up and packaged suitable for transportationPays for goodsLoadingLoads delivering vehicleUnloads delivery vehicleCarriageNo responsibility if FCA+Seller's premises Pre-carriage if FCA+Other point on seller's sideMain carriage, On-carriageLicensesExport clearanceImport clearanceDeliveryDelivers the goods to the carrier or named person at agreed point. Completed when: a) Goods are loaded on the means of transport provided by the buyer b) Goods are placed at the disposal of the carrier by the buyer on the seller's means of transport ready for unloadingMust take delivery of goods when location/date has been agreed upon Buyer usually contacts forwarderAllocation of Costa) all cost relating to the goods until they have been delivered to delivery location b) applicable costs of customs formalities necessary for export clearancea) all costs relating to the goods from the time of delivery for export customs formalities b) all duties, taxes, and other charges for customs formalities payable upon import of the goods c) costs of transport of goods through the country

SELLER
Notes:

FCA is specifically recommended when the parties want the sellers obligations to be at a minimum.

FCA+sellers premises works best when buyers have contracted for pre-carriage transportation or pick the goods up themselves.
FCA

SELLER
FCA
Notes:FCA+another point on sellers side works well when sellers provide contract for pre-carriage transportation.

Ocean Transport (Port to Port)
Free Alongside Ship
FAS

Seller delivers when goods are placed alongside the vessel at the named port of shipment.
Free Alongside Ship
FAS

FASDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingResponsible for unloading the delivery conveyance and placing the goods alongside the shipVessel loadingCarriagePre-carriageMain carriage, On-carriageLicensesExport clearanceImport clearanceDeliveryDelivers goods by placing the goods alongside the ship nominated by the buyer at the loading point, or named port of shipmentTakes delivery of the goods when they have been delivered at the named portAllocation of Costa) all costs relating to the goods until they have been delivered b) applicable costs of customs formalities necessary for export clearancea) all costs relating to the goods from the time of delivery for export customs formalities b) all duties, taxes, and other charges for customs formalities payable upon import of the goods c) costs of transport of goods through the country

Note:Generally limited to non-containerized waterborne shipments where the buyer contracts for main carriage and for vessel loading.
FAS

FOB
Free On Board

Seller delivers when goods are loaded on the buyer-appointed vessel at the agreed upon port within the time frame agreed to by the parties.
Free On Board
FOB

FOBDivision of Responsibilities

SellerBuyerGoodsGoods available, suitable packagedPays for goodsLoadingResponsible for loading the goods onto the buyer appointed vessel.n/aCarriagePre-carriageMain carriage, On-carriageLicensesExport clearanceImport clearanceDeliveryDelivers goods when they are on board the buyer-appointed vesselContracts for carriage of goods from the named port of shipment and takes delivery once goods are loaded to vesselAllocation of Costa) all cost relating to the goods until they have been delivered to "on board" location b) applicable costs of customs formalities necessary for export clearancea) all costs relating to the goods from the time of delivery for export customs formalities b) all duties, taxes, and other charges for customs formalities payable upon import of the goods c) costs of transport of goods through the country of import

Notes:Widely overused.

No longer identified by ships rail; sellers and buyers need to be specific on what is considered loaded or on board.

Should be limited to non-containerized waterborne shipments where the buyer contracts for main carriage and the seller handles vessel loading.
FOB

CFR
Cost and Freight

Seller delivers the goods on board the vessel, but contracts and pays for freight to the named port of destination.
Cost and Freight
CFR

CFRDivision of Responsibilities

SellerBuyerGoodsGoods available, suitable packagedPays for goodsLoadingVessel loadingVessel unloadingCarriagePre-carriage, Main carriageOn-carriageLicensesExport clearanceImport clearanceDeliveryDelivers the goods by placing on board the vessel or by procuring the goods so delivered. Takes delivery of goods when they have been deemed deliveredAllocation of Costa) all cost relating to the goods until they have been delivered b) all freight and other costs, including loading the goods on board and any charges for unloading c) applicable costs of customs formalities necessary for export including duty Considered "Freight Prepaid"a) all costs relating to the goods from the time of delivery b) all costs to goods while in transit until their arrival at the port of destination c) unloading costs including lighterage and wharfage charges (unless covered by seller's contract) d) all duties, taxes and other charges for customs formalities payable on import of the goods

Notes: Rule has two critical points because risk passes and costs are transferred at different places

Parties are advised to identify as precisely as possible the point at the agreed upon point of destination.

Generally limited to non-containerized waterborne shipments where seller contracts for main carriage and vessel loading.

Ships rail has been removed from the rule.
CFR

CIP
Cost Insurance and Freight

Cost Insurance and Freight
CIF
Seller delivers the goods on board the vessel, but contracts and pays for freight and INSURANCE to the named port of destination.

CIFDivision of Responsibilities

SellerBuyerGoodsGoods available, suitable packagedPays for goodsLoadingVessel loadingVessel unloadingCarriagePre-carriage, Main carriageOn-carriageInsuranceMinimum InsuranceNot responsibleLicensesExport clearanceImport clearanceDeliveryDelivers the goods by placing on board the vessel or by procuring the goods so delivered Takes delivery of goods when they have been deemed deliveredAllocation of Costa) all cost relating to the goods until they have been delivered b) all freight and other costs, including loading the goods on board and any charges for unloading c) at least minimum covered insurance. d) applicable costs of customs formalities necessary for export clearance Considered "Freight Prepaid"Buyer pays: a) all costs relating to the goods from the time of delivery b) all costs to goods while in transit until their arrival at the port of destination c) unloading costs including lighterage and wharfage charges (unless covered by seller's contract) d) all duties, taxes and other charges for customs formalities payable on import of the goods

Notes:Rules main addition is insurance, but this can be minimum; additional insurance may be required.

Rule has two critical points because risk passes and costs are transferred at different places.

Parties are advised to identify as precisely as possible the point at the agreed upon point of destination.

Generally limited to non-containerized waterborne shipments where seller contracts for main carriage and vessel loading.

Ships rail has been removed from the rule.
CIF

CPT
Carriage Paid To

Seller delivers the goods to the first carrier nominated by the seller, but contracts and pays for carriage to the named port of destination on the buyers side.
Carriage Paid To
CPT

CPTDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingLoading goodsUnloading goodsCarriageResponsible for payment of carriage to the agreed upon placeOn-carriageLicensesExport clearanceImport clearanceDeliveryDelivers the goods by handing them over to the carrier on agreed upon date or time periodTakes delivery of goods when they have been delivered and received from the carrier at the named place of destinationAllocation of Costa) all costs relating to the goods until they have been delivered b) all freight and other costs, including loading the goods and any charges for unloading at the place of destination c) all costs for export clearancea) all costs relating to the goods from the time of delivery b) all costs to goods while in transit until the agreed upon place of destination c) unloading costs (unless covered by seller's contract)

Notes:Rule has two critical points because risk passes and costs are transferred at different places. Seller fulfills its obligation to deliver when it hands the goods over to the first carrier and not when the goods reach the place of destination.
CPT

CIP
Carriage and Insurance Paid To

Carriage and Insurance Paid To
CIP
Seller delivers the goods to the first carrier nominated by the seller, but contracts and pays for carriage and INSURANCE to the named port of destination on the buyers side.

CIPDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingLoading goodsUnloading goodsCarriageResponsible for payment of carriage to the agreed upon place On-carriageInsuranceMinimum insuranceNo responsibilityLicensesExport clearanceImport clearanceDeliveryDelivers the goods by handing them over to the carrier on the agreed upon date or time periodBuyer must take delivery of goods when they have been delivered and received from the carrier at the named place of destinationAllocation of Costa) all costs relating to the goods until they have been delivered b) all freight and other costs, including loading the goods and any charges for unloading at the place of destination c) cost of insurance d) all costs for export clearancea) all costs relating to the goods from the time of delivery b) all costs to goods while in transit until the agreed upon place of destination c) unloading costs (unless covered by the seller's contract) d) additional insurance if deemed necessary

Notes:Seller contracts for insurance, but it can be minimal.

Rule has two critical points because risk passes and costs are transferred at different places. Seller fulfills its obligation to deliver when it hands the goods over to the first carrier and not when the goods reach the place of destination.
CIP

DAP
Delivered At Place

Seller delivers goods when goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading.
Delivered At Place
DAP

DAPDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingResponsible for loadingResponsible for unloadingCarriageResponsible for transportation expenses for carriage of the goods to the named place of destination or other agreed upon pointOn-carriageLicensesExport clearanceImport clearance, including duties & taxesDeliveryDelivers goods by placing them at the disposal of the buyer on the arriving means of transportation ready for unloadingTakes delivery of goods when they have arrived at the named place for unloadingAllocation of Costa) all costs relating to the goods until they have been delivered b) charges for unloading at the place of destination for the sellers account under contract of carriage c) costs of customs formalities necessary for exportinga) all costs relating to the goods from the time of delivery b) all costs of unloading necessary to take delivery of the goods from the arriving means of transportation to the named destination c) additional insurance if deemed necessary

CARRIER
PORT
DAF
Any Mode of Transportation
DES
DDU
DAF, DES, and DDU have been removed from Incoterms 2010.
New term established is DAP.

Why Eliminate DAF, DDU, and DES?
DAF Originally required the final transportation leg to be by ground, and for border transfers to take place at the actual border.

DES The marine-restricted nature, and it did not cover unloading; largely limited its use to vessel shipments because liner carriers usually load and unload their own vessels.

DDU Implied there was duty, but it was unpaid, causing a problem with domestic transactions or pre-cleared imported goods when duty was paid.

DAP resolves these limitations by making the goods available for arrival at the border location, aboard a vessel, or at a port location. DAP is omnimodal and is a duty-neutral rule for international and domestic contracts.

Notes: Place of delivery must be a terminal at the buyers side.

This term is ideal for multimodal transport.

Because of ISF, it is best for importers to use F terms rather than D terms.
DAP

DESTINATION
DAT
Delivered At Terminal

DESTINATION
DAT
Delivered At Terminal
Seller delivers when the goods, once unloaded from the means of transportation, are placed at the named port or destination.

DATDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingLoading and UnloadingNo ResponsibilityCarriageResponsible for payment of carriage to the agreed upon location On-carriageLicensesExport clearanceImport clearance, including duties & taxesDeliveryUnloads goods from the arriving means of transport and must deliver to the buyer at the named terminalTakes delivery of goods when they have been delivered at the named terminalAllocation of Costa) all costs relating to the goods until they have been delivered b) all freight and other costs, including loading the goods and any charges for unloading at the terminal c) costs of customs formalities necessary for exportingPays all costs relating to the goods from the time of delivery

DEQ has been removed from Incoterms 2010.
CARRIER
PORT
Ocean Transport (Place or Port to Port)
New term established is DAT.
DEQ

Why Eliminate DEQ?
DEQ The marine-only rule made the seller responsible for the condition of the goods until they were placed on the quay at the agreed upon port. However, container carriers usually move unloaded containers to their terminals, and container yards restricted the use for charter vessel shipments.

DAT is now omnimodal and tasks the seller with unloading for the arrival contracts as well as makes the seller responsible for unloading and moving the goods from the conveyance to the terminal or container yard.

Notes:Only rule where sellers are specifically tasked with unloading.

Seller is responsible for moving goods from the conveyance to a terminal or container yard.

Ideal for multimodal transport.
DAT
Delivered at Terminal
DESTINATION

BUYER
DDP
Delivered Duty Paid

Seller delivers when goods are placed at the disposal of the buyer, cleared for import,
BUYER
DDP
Delivered Duty Paid

on the arriving means of transport, and ready for unloading at the named place of destination.
BUYER
DDP
Delivered Duty Paid

DDPDivision of Responsibilities

SellerBuyerGoodsGoods available and suitably packagedPays for goodsLoadingResponsible for loading at all levels of conveyance to the agreed upon point or place of destinationUnloading at destinationCarriageContracts for carriage of the goods to the named place of destination or agreed pointNo ResponsibilityLicensesExport clearance Import clearanceNo ResponsibilityDeliveryDelivers goods by placing at the disposal of the buyer at the arriving means of transport ready for unloadingNo ResponsibilityAllocation of Costa) all costs relating to the goods until they have been delivered b) any charges for unloading for the sellers account under the contract of carriage c) export and import duties, taxes, and other costs of customs formalities d) all transportation costsa) all costs relating to the goods from the time of delivery b) unloading costs necessary to take delivery of the goods

BUYER
DDP
Notes:DDP may lead to where the buyer is not the importer, and does limit the availability of drawback.

Extremely risky for sellers.

incoterms 2010 (parte1)

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