Презентация на тему «Incoterms»

INCOTERMS

INCOTERMS STRUCTURE

WHAT INCOTERMS DO Incoterms rules explain a set of eleven most commonly used three letter trade terms Obligation. Who does what between the Buyer and Seller Risk. Where and when the Seller delivers the goods and transmits the risks for the delivery Costs. Which party is responsible for various costs, such as Transport, Packaging, Loading, Unloading and others

WHAT INCOTERMS DO NOT DO Status of contract of sale (cтатус контракта) Specifications of the goods aold (Спецификация продаваемого товара) Time, place, method or currency of payment (Способ, порядок, место или валюта оплаты товара) Remedies which can be sought in case of breach of contract (Правовая защита при нарушении условий контракта) Consequences of delay and any other breaches in the performance of contractual obligation (Основные последствия просрочки или иных нарушений по исполнению договорных обязательств) Effects of sanctions (Последствия санкций) Imposition of tariffs (Введение тарифов) Export or import prohibitions (Запрет на экспорт или импорт) Force majeure or hardship (Форс-мажор) Intellectual property rights (Права интеллектуальной собственности) Method, venue or law in case of dispute resolution (Способ, место или право, применимое при разрешении споров) Transfer of property/title/ownership of the goods sold (Способ, место или право, применимое при разрешении споров)

RULES FOR ANY MODE OF TRANSPORT (MULTI-MODAL)

RULES FOR SEA AND INLAND WATERWAY TRANSPORT

EXW Ex Works Франко-завод Risk transfer: The seller's obligations end when the goods are made available to the buyer for pick up at an agreed delivery spot. This is often either the seller’s factory or warehouse. Costs: The buyer is responsible for all the costs. Responsibility: The buyer is responsible for everything. Ex Works is the most commonly used Incoterms when booking door-to-door transportation, which essentially means that the buyer retrieves the goods directly from the seller. Ex Works Transport is the preferred delivery that is used when the buyer wants maximum obligation regarding carriage, risks, and costs.

EXW Ex Works Франко-завод BENEFITS OF USING EXW The two main benefits of using Incoterms Ex Works for buyers are Control: When using Ex Works logistics, all the costs and responsibilities lie with the buyer. This means you’ll have perfect insight and full control over the transportation chain. Transparency: Except when the goods are in the customs, the buyer has full control over the transportation chain. It allows for a fully transparent transportation process where you can avoid having carriers raise local costs or add additional charges.

FCA Free Carrier Франко-перевозчик Risk transfer: The seller's obligations end when the goods have been placed at the agreed upon delivery spot Costs: The seller is responsible for all costs up until the agreed delivery spot, including loading of the first transport. Responsibility: The buyer is responsible for the contract of carriage and needs to (when required) to clear the goods for export. New for FCA, Incoterms® 2020: The carrier may receive instructions from the buyer to issue an On-Board Bill of Lading which the seller needs to present to the buyer.

FCA Free Carrier Франко-перевозчик It’s the buyer’s responsibility to organise the transportation and pay for all costs after the agreed delivery spot. The seller needs to receive the necessary information from the buyer to be able to clear the goods for export and perform the security clearance. FCA (Free Carrier) belongs to Incoterms® Group 1 and can therefore be used for all transportation modes. Eventual insurance will be handled by the buyer.

DIFFERENCE BETWEEN FCA and EXW Risk and responsibility transfer with EXW shipping happens at an agreed upon spot before any type of loading or transport has begun. Using FCA shipping, the seller is responsible for the whole process, costs and risks up until the first loading has been performed.

CPT - Carriage Paid to Фрахт/перевозка оплачены до Risk transfer: When the goods have been handed over to the carrier (appointed by the seller). Costs: The seller is responsible for all costs up until the goods have arrived at the named place of destination (goods not unloaded). Responsibility: The seller is responsible for export customs clearance, transport contract, and loading.

CPT - Carriage Paid to Фрахт/перевозка оплачены до SELLER Advantages The seller does not need to organise with insurance and their responsibility ends when the goods have been handed over to the first carrier. Another advantage of CPT freight is that the seller has complete control over the transport chain where they can choose their preferred carrier and easily coordinate the complete transportation chain. Disadvantages The seller is responsible for organising and paying for the transport of the goods, thus, the seller needs to gain quotes and calculate fees and costs to provide a total cost to the buyer and accept the risk that they may make an error in their calculations. BUYER Advantages Since the seller often has better buying power for freight than the buyer, the buyer will usually benefit from lower rates built into the price. Using CPT freight, the buyer is also freed from having to worry about logistics in the country of origin and having to potentially book freight from the other side of the world. Disadvantages The buyer takes on the risk when the goods are still in the possession and control of the seller’s carrier up until the goods have arrived at the named place of destination where the buyer takes possession of the goods.

CIP – Carriage and Insurance Paid to Фрахт/перевозка и страховка оплачены до Risk transfer: When the goods have been delivered to the first carrier (chosen by the seller). Costs: The seller is responsible for the costs (including insurance for the buyer's risk) up until the point where the goods have arrived at the named place of destination (goods not unloaded). If the loading cost is included in the freight cost, the seller will be responsible for it. Responsibility: The seller is responsible for export licenses and customs formalities, transport agreements, insurance agreements, and loading

CIP – Carriage and Insurance Paid to Фрахт/перевозка и страховка оплачены до CIP belongs to Incoterms® Group 1 and can therefore be used for all modes of transportation. The seller is responsible to take out insurance at their own expense (for the risk of the buyer) at the lowest Institute Cargo Clause A. The insurance must cover the CIF-value +10%.

CIF – Cost, Insurance and Freight Стоимость, страхование и фрахт Risk transfer: The risk is transferred from seller to buyer when the goods have been loaded onboard the ship in the named port of shipment. Costs: The seller is responsible for all costs up until the goods have reached the named port of destination. If the unloading cost is included in the freight cost, the seller will be responsible for it. Responsibility: The seller is responsible for export licenses and customs formalities, transport agreements, insurance agreements, and loading.

CIF – Cost, Insurance and Freight Стоимость, страхование и фрахт CIF belongs to Incoterms® group 2 and can therefore only be used for sea freight. Any insurance is the responsibility of the seller. CIF, Incoterms® is NOT appropriate for container freight The transfer of risk for CIF Incoterm does not take place at the same time as the transfer of responsibility and cost. Using CIF, the risk is transferred when the goods have been loaded onboard the ship in the port of shipment in the origin country. CIF Incoterms® 2020 is not suitable for container freight since the containers are usually delivered to the port of shipment days before being loaded onboard the ship.

DIFFERENCE BETWEEN CIP, CIF and CPT The difference between CIF and CIP, Incoterms® is that CIP can be used for all modes of transportation, whereas CIF only applies to sea freight. This also means that using CIF, the responsibility transfer takes place at the origin seaport, whereas for CIP the responsibility transfer takes place at an agreed-upon location to the first carrier in the origin country. The main difference between CIP, Incoterms® and CPT is that the seller is responsible for arranging main carriage insurance under a CPT agreement.

DAP DELIVERED AT PLACE Поставка в пункте Risk transfer: The seller is responsible for all risks up until the goods have arrived at the named place of destination (goods not unloaded). Costs: The seller is responsible for all costs up until the goods have arrived at the named place of destination (goods not unloaded). Responsibility: The seller is responsible for export customs clearance, transport contracts, and loading.

DAP DELIVERED AT PLACE Поставка в пункте DAP belongs to Incoterms group 1 and can therefore be used for all modes of transport. When using DAP (Delivered at Place), the buyer is responsible for the import customs clearance which means that the seller needs to make sure the buyer can fulfil their obligations. Any insurance is the responsibility of the seller when using DAP delivery.

DPU DELIVERED AT PLACE UNLOADED Поставка в месте назначения с выгрузкой Risk transfer: The risk is transferred to the buyer when the goods have arrived at the named place of destination (goods unloaded). Costs: The seller is responsible for costs up until the goods have arrived at the named place of destination (goods unloaded). Responsibility: The seller handles export licenses, customs formalities, transport agreement, and loading/unloading.

DPU DELIVERED AT PLACE UNLOADED Поставка в месте назначения с выгрузкой DPU, Incoterms® 2020 updates: DPU (Delivered at Place Unloaded) is the updated name for DAT (Delivered At Terminal). The update was made to clarify certain details and differences between DPU and DAT: The delivery spot does not only include a terminal but can constitute any location. Clarifying if the seller had unloaded the goods or not. Using the DPU Incoterms® rule, the buyer must provide a delivery spot and time. If the buyer can’t uphold this obligation, the seller may choose the delivery spot and time. In situations where the seller can’t arrange for unloading the goods, it’s recommended to instead use DAP over DPU. DPU belongs to Incoterms® group 1 and can therefore be used for all modes of transportation.

DDP DELIVERED DUTY PAID Поставка c оплатой пошлины Risk transfer: The seller bears all the risks until the goods have arrived at the named place of destination (goods not unloaded). Costs: The seller is responsible for all costs up until the goods have arrived at the named place of destination (goods not unloaded). Responsibility: The seller handles DDP export licenses and customs formalities, import formalities and duties, transport agreements, and loading.

DDP DELIVERED DUTY PAID Поставка c оплатой пошлины DDP Delivered Duty Paid puts the maximum obligation on the seller and minimum obligation on the buyer, and as the name suggests, the seller is responsible for VAT, customs as well as other taxes. If the seller can’t arrange import clearance of the goods in the importing country, DDP import should be avoided. Incoterms Delivered Duty Paid belongs to Incoterms group 1 and can therefore be used for all modes of transportation.

DIFFERENCE BETWEEN DDP and DAP The main difference between DDP and DAP is who’s responsible for what costs. Using DDP, the buyer is only responsible for the costs to unload the goods, whereas the seller is responsible for all other shipping costs, duties, and taxes. Using DAP, the seller is only responsible for the shipping costs. The buyer is responsible for all other costs including customs, duties, and taxes associated with the shipment.

FAS Free Alongside Ship Франко вдоль борта судна Risk transfer: The risk is transferred to the buyer when the goods have been placed alongside the ship in the port of shipment Costs: The seller is responsible for all costs until the goods have been placed alongside the ship in the port of shipment. Responsibility: The seller must deliver the goods next to the vessel with export custom clearance paperwork completed. The buyer is responsible for processing the goods for export customs clearance, transport contracts, and loading.

FAS Free Alongside Ship Франко вдоль борта судна FAS (Free Alongside Ship) belongs to Incoterms® group 2 and can therefore only be used for sea freight. The buyer is responsible for providing the seller with all relevant information and details to give them sufficient time to be able to fulfil their obligations to unload the goods at the agreed-upon location and clear it for export. Any insurance is the responsibility of the buyer using FAS shipping terms.

FAS Free Alongside Ship Франко вдоль борта судна SELLER Advantages The seller only needs to unload and place the goods alongside the ship. Disadvantages One potential disadvantage for the seller is if the ship has not arrived at the port at the specific date they are planning to deliver the goods. For whatever reason the delay has arisen, until the ship has arrived to allow the goods to be placed “alongside the ship”, the responsibility remains with the seller. Another disadvantage for the seller is unless both parties are in agreement over whether the seller should be given transport documents or not, usually the bill of lading, the seller needs to assist the buyer to acquire the transport documents. BUYER Advantages The advantage of using FAS for the buyer is that it allows them to be in full control from the moment the goods have been placed alongside the ship. The buyer needs to make sure that the ship has the capability and capacity to load the goods from a wharf or a barge, or that there is proper lifting equipment available. The buyer is responsible for both the costs and responsibilities for the loading. A second advantage of using FAS is if the buyer needs additional documents, such as a certificate of origin. In such cases, the seller must assist the buyer (at the buyers’ request, risk, and cost) in acquiring it.

FOB Free On Board Франко борт Risk transfer: The risk transfers from seller to buyer when the goods have been loaded on board of the ship at the specified port. Costs: The seller is responsible for all costs up until the goods have been loaded on board the ship. Responsibility: The seller takes care of the export clearance.

FOB Free On Board Франко борт Free on board (FOB) is one of the most important Incoterms® to know if you are importing from abroad. FOB is a port-to-door transport where the supplier in the exporting country is responsible for all local costs. FOB is the term of delivery that is most often used for transport buyers for imports from Asia. A disadvantage when buying FOB transport may be that you do not have full insight and control over the transportation chain.. The FOB Incoterms® is part of the Incoterms® Group 2 and is thus only used for sea freight. The buyer when using FOB shipping needs to provide the seller with all required information and documentation to make it possible to load the goods as well as process it for export clearance.

CFR Cost and Freight Cтоимость и фрахт Risk transfer: The risk is transferred to the buyer once the goods have been loaded on board the ship in the agreed-upon port. Costs: The seller is responsible for all costs up until the goods have arrived at the agreed-upon port of destination. If the loading cost is included in the shipping cost, the seller will be responsible for it. Responsibility: The seller is responsible for export customs clearance, transport contracts, and loading.

CFR Cost and Freight Cтоимость и фрахт CFR delivery terms belong to Incoterms® group 2 and can therefore only be used for sea freight. Any insurance is the responsibility of the buyer. CFR Incoterms® is NOT suitable for shipping containers Unlike many other Incoterms®, the risk transfer point is different from the cost responsibility transfer point for CFR delivery terms (see picture below). Therefore, ICC suggests using CFR Incoterms® only when the seller has direct access to the ship, for example, bulk cargoes where the goods have been loaded on board the ship instead of placed in a container at a terminal before loading.

CIF Cost, Insurance and Freight Cтоимость, страхование и фрахт Risk transfer: The risk is transferred from seller to buyer when the goods have been loaded onboard the ship in the named port of shipment. Costs: The seller is responsible for all costs up until the goods have reached the named port of destination. If the unloading cost is included in the freight cost, the seller will be responsible for it. Responsibility: The seller is responsible for export licenses and customs formalities, transport agreements, insurance agreements, and loading.

CIF Cost, Insurance and Freight Cтоимость, страхование и фрахт CIF belongs to Incoterms® group 2 and can therefore only be used for sea freight. Any insurance is the responsibility of the seller. CIF, Incoterms® is NOT appropriate for container freight Using CIF, the risk is transferred when the goods have been loaded onboard the ship in the port of shipment in the origin country. ICC thus states that CIF Incoterms® 2020 is not suitable for container freight since the containers are usually delivered to the port of shipment days before being loaded onboard the ship.

DIFFERENCE BETWEEN CFR and CIF CFR shipping term demands that the seller arrange the transportation of the goods to the agreed-upon port of destination. This includes the cost of the transport but excludes acquiring insurance. Using CFR shipping terms, the insurance is therefore optional. The only difference between Incoterms® CFR and CIF is that using CIF, the seller is obliged to obtain insurance according to an agreed-upon sum, the minimum total worth of the goods, to protect against damages and destruction. CFR should be preferred over CIF if the buyer can obtain better or more affordable insurance and vice versa.

DIFFERENCE BETWEEN CFR and CIP The main difference between CFR (Cost and Freight) and CIP (Carriage and Insurance) is that CFR can only be used for sea- and inland water transportation, while CIP can be used for all modes of transportation. As was the case for CIF, using CIP, the seller is also responsible for obtaining insurance according to an agreed-upon sum, the minimum total worth of the goods, to protect against damages and destruction.