Resources: INCOTERMS > TERMS, Responsibilites of Seller/Buyer Explained (2024)

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Resources: INCOTERMS > TERMS, Responsibilites of Seller/Buyer Explained (11) INCOTERMS - Responsibilities of Seller and/or Buyer explained.

Incoterms 2020 are a set of internationally recognized trading terms, defined by the International Chamber of Commerce (ICC), which are used for the purchase and shipping of goods in the international market place.

Each INCOTERM refers to a type of agreement for the purchase and shipping of goods internationally. There are 11 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.

INCOTERMS also deal with 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: commercial invoice and the packaging 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 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, the terms wind up boiling down to a few basic specifics; COST: who is responsible for the expenses involved in a shipment at a given point in the shipment's journey, CONTROL: who owns the goods at a given point in the journey and LIABILITY: who is responsible for paying damage to goods at a given point in a shipment's transit. 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 business relationships.

INCOTERMS are most frequently listed by category. Terms beginning with F refer to shipments where the seller does not pay for the primary cost of shipping. E-terms occur when a seller's responsibilities are fulfilled when the 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 in 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.

S=Seller,B= Buyer

EXWFCAFASFOBCPTCFRCIFCIPDPUDAPDDP
Loading at OriginBSSSSSSSSSS
Export Customs DeclarationBSSSSSSSSSS
Carriage To Port of ExportBSSSSSSSSSS
Unloading of Truck in Port Of ExportBBSSSSBSSSS
Loading On Vessel/Airplane in Port Of ExportBBBSSSSSSSS
Carriage (sea/air) to Port of ImportBBBBSSSSSSS
InsuranceBBBBBBSSSSS
Unloading in Port of ImportBBBBB/SBBB/SSSS
Loading on Truck in Port of ImportBBBBB/SBBB/SSSS
Carriage to Place of DestinationBBBBSBBSSSS
Import Customs ClearanceBBBBBBBBBBS
Import Duties & TaxesBBBBBBBBBBS
Unloading at DestinationBBBBBBBBSBB
Resources: INCOTERMS > TERMS, Responsibilites of Seller/Buyer Explained (12) INCOTERMS - Definitions
EXW - Ex-Works (named place of delivery)
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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, exports clearance and handling all other paperwork.
FCA - Free Carrier (named place of delivery)
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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 the predetermined port or destination point and the buyer is responsible for insurance.
FAS - Free Alongside Ship (named port of shipment)
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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.
FOB - Free On Board (named port of shipment)
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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.
CFR - Cost and Freight (named port of destination)
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The seller pays for the carriage of the goods up to the named port of destination. Risk transfers to buyer when the goods have been loaded on board the ship in the country of Export. The Shipper is responsible for origin costs including export clearance and freight costs for carriage to named port. The shipper is not responsible for delivery to the final destination from the port (generally the buyer's facilities), or for buying insurance. If the buyer requires the seller to obtain insurance, the Incoterm CIF should be considered. CFR should only be used for non-containerized seafreight and inland waterway transport; for all other modes of transport it should be replaced with CPT.
CIF - Cost, Insurance, Freight (named port of destination)
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This arrangement is similar to CFR, but instead of 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" is above, is accomplished at the port of destination.
CPT - Carriage Paid To (named place of destination)
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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 (named placed of destination)
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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.
DPU - Delivered At Place Unloaded (named place of destination)
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This Incoterm requires that the seller delivers the goods, unloaded, at the named place of destination. The seller covers all the costs of transport (export fees, carriage, unloading from main carrier at destination port and destination port charges) and assumes all risk until arrival at the destination port or terminal.

The terminal can be a Port, Airport, or inland freight interchange, but must be a facility with the capability to receive the shipment. If the seller is not able to organize unloading, they should consider shipping under DAP terms instead.

All charges after unloading (for example, Import duty, taxes, customs and on-carriage) are to be borne by buyer. However, it is important to note that any delay or demurrage charges at the terminal will generally be for the seller's account

.
DAP - Delivered At Place (named place of destination)
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The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. Under DAP terms, the risk passes from seller to buyer from the point of destination mentioned in the contract of delivery.

Once goods are ready for shipment, the necessary packing is carried out by the seller at his own cost, so that the goods reach their final destination safely. All necessary legal formalities in the exporting country are completed by the seller at his own cost and risk to clear the goods for export.

After arrival of the goods in the country of destination, the customs clearance in the importing country needs to be completed by the buyer, e.g. import permit, documents required by customs and etc., including all customs duties and taxes.

Under DAP terms, all carriage expenses with any terminal expenses are paid by seller up to the agreed destination point. The necessary unloading cost at final destination has to be borne by buyer under DAP terms.

DDP - Delivered Duty Paid (named place of destination)
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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 the duty and fees.

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Resources: INCOTERMS > TERMS, Responsibilites of Seller/Buyer Explained (2024)

FAQs

Resources: INCOTERMS > TERMS, Responsibilites of Seller/Buyer Explained? ›

The buyer is responsible for making arrangements with their forwarder for insurance, exports clearance and handling all other paperwork. 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.

What are the responsibilities of buyer and seller in Incoterms? ›

Incoterms in Practice

The seller agrees to have the goods available for collection at an agreed location. The buyer collects the goods and is responsible for both export and import declarations, shipping costs and the payment of duties.

What is the buyer responsible for Incoterm? ›

Definitions of Incoterms

The buyer is responsible for organising the collection of the goods from the exporter's premises. This means the exporter has no legal liability for anything that occurs to the goods after the buyer or a carrier has collected them from the factory or warehouse.

What are the two main responsibilities for the buyer under CFR Incoterm? ›

Buyer's Responsibilities

Insurance charges, since the whole coverage factor rests with him, and the risk of goods will be carried by him. Import customs proceedings, including payment for all duties and taxes at the designated port.

Who is responsible for shipping buyer or seller? ›

Once the goods are on the ship, the buyer is financially responsible for all costs associated with transport as well as customs, taxes, and other fees. For FOB destination, the seller assumes all costs and fees until the goods reach their destination.

What are the main responsibilities of a buyer? ›

Buyers are responsible for purchasing goods for a company to use or sell in their own business. This position requires extensive research and the ability to negotiate contracts with suppliers, manage an inventory, evaluate quality goods, and stick within a budget.

Which Incoterm has the greatest responsibility on the seller? ›

Delivered Duty Paid (DDP)

Under this incoterm, it is the seller who is responsible for delivering the goods to the destination/buyer's door. This means that the seller has to deal with all the tasks involved in transferring the goods throughout the shipping process.

Which Incoterm buyer pays everything? ›

FOB (Free on Board)

The buyer then pays for everything from there, including transport by ship. This may end up being your most cost-effective option, depending on the price you negotiate with your freight forwarder. Note that this is one of 4 Incoterms that only applies to sea/inland waterway transport.

Which Incoterm has the least responsibility for the seller? ›

Ex Works (EXW)

This rule places minimum responsibility on the seller, who merely has to make the goods available, suitably packaged, at the specified place, usually the seller's factory or depot.

Is the buyer responsible for the freight? ›

The buyer takes responsibility for the transport cost and liability during transportation. “FOB Destination” means that the transfer completes at the buyer's store and the seller is responsible for all of the freight costs and liability during transport.

What are the responsibilities of buyer and seller in CFR? ›

Under CFR shipping terms, though the seller is responsible till the named place of port, the risk of goods is transferred to the buyer once the goods are loaded onboard, i.e., before freight proceeding. The buyer is responsible for all payment charges after the designated port, including insurance coverage of goods.

What are the responsibilities of buyer under CFR? ›

The Buyer is responsible for all costs related to importing the shipment into the country of destination. Since the Seller is not responsible for insuring the shipment, the seller needs to arrange insurance for the shipment.

Which Incoterm gives the buyer the least amount of responsibility? ›

There are 11 trade terms available under the Incoterms 2020 rules that range from Ex Works (EXW), which conveys the least amount of responsibility and risk on the seller, to Delivered Duty Paid (DDP), which places the most responsibility and risk on the seller.

Is buyer or seller responsible for lost package? ›

Often, it's up to the seller or retailer to ensure that you receive your package. Thus, anything that happens in transit is the responsibility of the seller; they are responsible if the package is lost or damaged during transit, and usually must replace it or give a reimbursem*nt.

What are the responsibilities of the seller in Incoterms? ›

The seller covers all the costs of transport (export fees, carriage, unloading from main carrier at destination port and destination port charges) and assumes all risk until arrival at the destination port or terminal.

Will the buyer or the seller be responsible for clearing the goods for import? ›

Seller organises customs clearance and unloads the goods at the place of unloading. Buyer sorts import clearance and any related duties.

What are the responsibilities of buyer 2? ›

The Buyer II provides technical procurement work and requires a considerable knowledge of varied and specific commodities, services, purchasing methods and material inspection techniques. process. — Attends ongoing training sessions. — Ensures adequate stock available for Department and orders accordingly.

Which three letter Incoterms rule has the least responsibility for the seller? ›

EXW Incoterm (Ex Works)

The EXW Incoterm imposes only minimum obligations on the seller.

Is buyer responsible for all costs of freight and insurance? ›

Under CIF, the seller is responsible for covering the costs, insurance, and freight of the buyer's shipment while in transit. The buyer is responsible for any costs once the freight has reached the buyer's destination port.

What are the duties of a buyer and seller under FOB and CIF contracts? ›

These contracts are used for the transportation of goods between the buyer and seller. In FOB contracts, the seller's duty is to load the goods onto the ship proposed by the buyer. As against, in CIF contracts, the duty of the seller is to deliver the goods to the shipping company for transmitting them to the buyer.

What is the seller and buyer responsibility in FCA Incoterms? ›

Under FCA shipping terms, the seller delivers the goods to the destination named by the buyer. The shipper assumes responsibility for the goods when they arrive there. The buyer would be responsible for loading the goods for transport.

Are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contracts? ›

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contracts. They are published by the International Chamber of Commerce (ICC) and are widely used in commercial transactions.

What is buyer compliance? ›

The term Inbound compliance refers to the enterprise conforming to the buyer's conditions about consolidation and delivery. The buyer can have required conditions which must be met when shipping to that buyer.

Who pays freight on CFR terms? ›

The seller pays freight charges in CFR. He stays liable for inland transit from the warehouse to the first port, i.e., the exporting country's port, and later for the carriage proceeding from the first port to the second port, i.e., the importing country's port.

Who is responsible for item delivered but not received? ›

The short answer is: The seller, which means you, the business owner. Obviously, if you printed the wrong address on the shipping label, didn't include a return address, or poorly packaged the item, it's 100% on you to compensate the customer with a new shipment or a refund.

Who is responsible if a package is damaged in shipping? ›

Carriers are almost always responsible for transit loss or damage. However, consignees have a legal responsibility for keeping damage costs at a minimum and must accept damaged freight that can be reasonably repaired. If the goods are damaged so much that they become almost worthless, you may refuse the delivery.

Who is liable if a package is damaged? ›

The seller is responsible for damage or loss of your goods from the time they are dispatched until you receive them. This is the case where the seller has offered a particular post, delivery or courier service and this was not organised by you.

What is the maximum obligation on the buyer? ›

This term places the maximum obligation on the buyer and minimum obligations on the seller. The Ex Works term is often used while making an initial quotation for the sale of goods without any costs included. EXW means that a buyer incurs the risks for bringing the goods to their final destination.

Is buyer responsible for customs clearance? ›

Who is Responsible for Customs Clearance? In the majority of international shipping situations, the seller is responsible for export customs clearance and the buyer for the import clearance. However, the exact prearrangement will depend on the agreed Incoterm for the sales transaction.

Is seller responsible for export clearance? ›

The seller's responsibility includes arranging export clearance. At the same time, the buyer pays the cost of marine freight, bill of lading fees and insurance. He is also responsible for unloading and local transportation costs from the port of arrival to the final destination.

What does the CFR Incoterms rule mean? ›

The CFR Incoterm or “Cost and Freight” is an Incoterm that is exclusive to ocean freight shipping. It states that the seller is not only responsible for delivering the goods to the port specified by the buyer, but also bears the transportation costs of the goods to the destination port.

Which Incoterm is used when the buyer takes full responsibility of the goods from the point of departure? ›

FOB (Free on Board)

Under the Free on Board Incoterm, the risk of the goods is transferred from the seller to the buyer as they are loaded on the vessel at the port of departure. Under the FOB Incoterm, the buyer is liable, and not seller, in case the goods are lost, damaged or destroyed during the transportation.

What are the responsibilities of the seller in CFR? ›

Cost and freight (CFR) is a legal term used in foreign trade contracts. In a contract specifying that a sale is cost and freight, the seller is required to arrange for the carriage of goods by sea to a port of destination and provide the buyer with the documents necessary to obtain them from the carrier.

Who pays freight on CFR? ›

With CFR, the seller must arrange and pay all costs to ship the product to a destination port, at which point the buyer becomes responsible.

What is difference between CIF and CFR? ›

The difference between CFR and CIF is the presence of the minimum amount of marine insurance cover on the product that is being sold. Under CIF, the seller holds all the same responsibilities as in CFR but is also required to purchase insurance for the goods during transport.

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