Terms of delivery for Incoterms-2010

Terms of delivery - a set of legislative acts that regulate how and in what period of time the goods will be transferred from side to side, how it will be paid, insured, who is responsible for safety at this or that stage of transportation, etc.

A significant part of the world trade turnover is accounted for by international trade, which creates the need for unification of rules for the carriage of goods under national laws. For these purposes, the International Rules for the Interpretation of Trade Terms (Incoterms) have been issued for almost 80 years, which contain the basic terms of delivery.

It must be said that the application of Incoterms in our country is advisory in nature. But if in the contract there is a reference to the basic conditions established by the rules, their observance becomes mandatory. In the rest it is necessary to be guided by the fourth section of the Civil Code of the Russian Federation, where the order of application of those or other customs of business turnover is specified (Article 1211).

At present, Incoterms is used for trading operations in the 2010 edition. These rules contain eleven basic provisions, which reflect the terms of delivery. Some of them operate not for one mode of transport, but for the whole chain of carriers. From the previous issue (2000), the normative acts differ in that they have appeared sections DAT and DAP, which replaced the terms of delivery of DAF, DDU, DEQ and DES.

The term DAF in the old rules meant that the seller delivered the goods to the buyer at the named point or place on the border (before the transfer of the goods to the customs border of the buyer). At the same time, the goods passed customs procedures for export and have not yet been unloaded from the vehicle. Thus, the subject of delivery will still be subject to customs procedures for import.

The Incoterms Regulations (Revision 2010) contain seven basic procedures for all modes of transport and four procedures for inland waterway transport and shipping. The first version of the rules includes: DPP (goods are delivered with payment of fees), DAP (delivery to destination), DAT (goods are delivered to the customs terminal), EXW (ex-factory delivery), FCA (free carrier delivery), and CIP and CPT, where in the first case the delivery conditions indicate that the transportation and insurance are paid up to a certain place, and in the second only the transportation is paid to a certain point.

FOB delivery terms, like FAS, CIF and CFR, assume that the cargo leaves the port and also arrives at the port. These rules existed in the previous version, however, in the new version the term "shipboard" was introduced, which replaced the concept of "handrail" as a delivery point for all cases except FAS. The terms of delivery of the last rule assume that the operation is completed if the seller has performed the necessary customs export arrangements, brought the goods to the contracted port, placed it along the ship's side on the quay, barge, etc. The import procedures, including customs duties, are here. Deals with the seller.

The FOB procedure assumes that the seller brought the goods on board the vessel specified in the contract, CIF - that the seller delivers the goods on board, pays freight to the destination and insurance (usually with a minimum cover), and CFR - that the supplier's duty is only to deliver the goods to A specific port with freight payment. The order of supply is selected in each specific case, tk. Each port defines the conditions on which it can work with those or other ships and cargoes.