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Information International rules and organization Incoterms 2000 [iNKOTERMS 2000] Glossary Incoterms

consignor - In some cases it was necessary to use the same term to express two different values ​​simply because it was not a suitable alternative. For example, the term "shipper" (shipper) signifies both the person handing over the goods for carriage and the person who enters into a contract with the carrier: however, these two "shippers" may be different persons, for example, on a FOB contract where the seller sends the goods for carriage and the buyer would make the contract with the carrier.


Supply - It is particularly important to note that the term "delivery" is used in Incoterms in two different senses. Firstly, it is used to determine when the seller has fulfilled his obligation to deliver specified in Articles A.4. Incoterms. Second, the term "delivery" is also used in relation to the obligation to take or accept delivery of the goods, an obligation which appears in the articles B.4. Incoterms.
When used in this second case, the word "delivery" means first that the buyer "accepts" the very nature of the "C" - terms, namely that the seller fulfills his obligations upon the shipment of goods, and, secondly, that the buyer is obliged to to accept the goods. This latter obligation is important to avoid unnecessary charges for storage of goods until collected by the buyer. Thus, in accordance with the CFR and CIF buyer must take delivery of the goods and to receive them from the carrier.

If the buyer does not fulfill this obligation, he may become obliged to compensate the seller who concluded the contract of carriage with the carrier, or the buyer may be forced to pay a simple price for the carrier to give him the goods. When in this case it is said that the buyer is obliged to "take delivery", this does not mean that the buyer accepted the goods as satisfying the sales contract, but only the fact that the seller fulfilled its obligation to transfer the goods for transportation in accordance with the contract of carriage which He must conclude, in accordance with the terms of articles A.3 a) "C" - terms. Thus, if after the acceptance of the goods at the destination the buyer finds that the goods do not meet the conditions of the contract of sale, he will be able to use any measures that are provided to him by the contract of sale and the relevant law against the seller. As already indicated, these issues are completely outside the coverage area of ​​Incoterms.


 Normal - The word "usual" appears in several terms, for example in EXW with respect to the delivery time (A.4.) And "the C" - terms with respect to documents which the seller is obliged to provide and the contract of carriage which the seller must procure (A .8., A.3.).


 fees - With respect to the obligation to clear the goods for import to define what is meant by "charges" which must be paid when importing goods. According to the term in DDP A.6. Incoterms 1990 used the expression "official charges payable upon exportation and importation of goods." According to the term in DDP A.6. 2000 Incoterms the word "official" has been omitted due to the fact that this word caused uncertainty in determining whether fees are "official" or not.

When deleting this word, no significant change in meaning was assumed. "Fees" that are to be paid only concern those charges that are a necessary consequence of the import as such and which must therefore be paid according to the relevant import rules. Any additional charges levied by private parties in connection with imports, such as storage fees not related to the duty of cleaning the goods, are not included in these fees. However, the result of this obligation may well be some of the costs of customs brokers or freight forwarders, if the party carrying this obligation does not carry out this work itself.


 Ports, places, items, rooms - As concerns the place, goods, different terms are used in Incoterms which should be delivered. In the terms intended to be used exclusively for carriage of goods by sea - such as FAS, FOB, CFR, CIF, DES and DEQ - the expressions "port of shipment" and "port of destination". In all other cases the word "place".

In some cases, it is also necessary to indicate the "point" inside the port or place, since the seller may need to know not only that the goods must be delivered to a certain area, such as the city, but also where the goods inside this city must be provided At the disposal of the buyer. In sales contracts, such information is often not available, and therefore Incoterms provide that if a particular item has not been agreed within the agreed place, and if there are several such items, the seller can choose the item that best suits him (see, for example, FCA article A. 4.). Where the delivery point is the seller's "place", the expression "seller's premises" was used (FCA article A.4.).


 Ship and boat - In the terms intended to be used for carriage of goods by sea, the expressions "ship" and "vessel" are used as synonyms. Needless to say that the term "ship", when it is included in the trade term, such as "free alongside ship" (FAS) and "delivery ex ship" (DES) should be used. Also, in view of the traditional use of the expression «passed the ship's rail" in FOB, the word "vessel" should be used in that connection.


 Testing and inspection - In articles by A.9. And B.9. The Incoterms collection headings "verification - packaging and marking" and "inspection of goods" were used accordingly. Although the words "verification" and "inspection" are almost synonymous, it seemed appropriate to use the first word regarding the seller's obligation to deliver in accordance with A.4. And leave a second word for a particular case when the "pre-shipment inspection" is carried out, since such inspection is usually only necessary when the buyer or authorities of the country of export or import want to make sure that the goods meet the terms of the contract or the official conditions before the goods are shipped.


 Customs clearance - Every reference to the obligation of the seller or the buyer to assume the obligations associated with the passage of goods through the country of export or import customs, now follows an explanation of what this obligation includes not only the payment of fees and all other fees, but also the implementation and payment of all administrative action relating to the passage of goods through customs authorities and information in this regard.
Further considered in some quarters, although quite wrongfully inappropriate to use terms dealing with the duty of customs clearance when, as in intra - European Union trade or other free trade areas, there is no obligation to pay duty and no restrictions relating to import or export.

To clarify these situations A.2 article. and B.2., A.6. and B.6. relevant Incoterms, the words "if necessary" to be used without any ambiguity where no customs procedures are required.
Usually desirable that customs clearance is arranged by the party domiciled in the country, which should take place this treatment, or at least by someone acting on his behalf. Thus, the exporter should normally clear the goods for export, while the importer should clear the goods for import.

In the edition of Incoterms 2000 terms FAS and DEQ place the duty of the goods customs clearance for export on the seller and the goods for import - by the buyer, while the term EXW, representing the seller's minimum obligation, was left unchanged (the duty of customs clearance for export are the buyer). Under DDP the seller specifically agrees to do what follows from the very name of the term - Delivered Duty Paid, namely to clear the goods for import and pay any consequential duty.


 Inspection of goods - In many cases, the buyer may be well advised to arrange for inspection of the goods before or at the time of transfer of the seller for carriage (so-called pre-shipment inspection or PSI). If the contract provides otherwise, the customer will pay the cost for such inspection that is arranged in his own interest.

However, if the inspection was carried out in order to enable the seller to comply with any mandatory rules applicable to the export of goods in his own country, he has to pay for that inspection, unless the term EXW, since the use of the term costs of such inspection It lies with the purchaser.

- In some cases it was necessary to use the same term to express two different values ​​simply because it was not a suitable alternative. For example, the term "shipper" (shipper) signifies both the person handing over the goods for carriage and the person who enters into a contract with the carrier: however, these two "shippers" may be different persons, for example, on a FOB contract where the seller sends the goods for carriage and the buyer would make the contract with the carrier.