1 | 20 Welcome to Weiss-Röhlig Incoterms®2010

2 | 20 Incoterms® 2010 Incoterms® 2010 by the International Chamber of Commerce (ICC) The 7th revision of the globally-known trade terms developed and published by the International Chamber of Commerce will come into effect on 1 January Renewals at a glance  The new Incoterms DAT and DAP replace the former terms DAF, DES, DEQ, and DDU.  Definition of terminal according to Incoterms® 2010: Terminal includes any place, whether covered or not. It can be a quay, a warehouse, a container yard, a road, rail or air cargo terminal.  New transfer of costs and risks under the terms FOB, CFR and CIF.

3 | 20  Obligations, transfer of risks and allocation of costs in connection to delivery of a consignment from seller to buyer.  Up to which place the risks are borne by seller.  Up to which place the costs are borne by seller. Which responsibilities are borne by the seller.  Which responsibilities are borne by the buyer. Incoterms® 2010 Incoterms define:

4 | 20 Incoterms DO NOT define:  Transfer of ownership  Terms of payment  Credit terms  Date of delivery  Court of jurisdiction and applicable law  Liability and warranty  Replacement delivery  Copyrights  Financing Incoterms® 2010

5 | 20 Use and validity  It is not mandatory to use Incoterms in a sales contract.  Incoterms are a set of uniform trade terms aimed at helping the contracting parties (seller and buyer) to specify their sales contract exactly.  Incoterms are not price clauses, but do have an impact on the pricing.  Sales contracts which are based on a former version (e.g. Incoterms 2000) remain valid according to the terms of that version.  Theoretically, it is still possible to conclude sales contracts based on a former version of the Incoterms after 1 January Incoterms® 2010

6 | 20 Please note:  In their sales contract, buyers and sellers should refer to the appropriate version of the Incoterms e.g. FOB Hamburg, Incoterms  It is possible to add clauses or change the wording of Incoterms. Examples: CFR Charleston port USA incl. THC, CUC, ISPS in Charleston FCA Vienna Airport loaded on aircraft DDP Hanoi Vietnam VAT unpaid Bear in mind that a change in the transfer of costs can result in a changed transfer of risks. Incoterms® 2010

7 | 20 Please note:  Exact definition of location, terminal and port for a smooth transfer of costs and risk: exact address + location + country exact terminal + location + country If no exact point is specified but more than one is possible, the seller may select the point that is most suitable.  Definition of terminal according to Incoterms® 2010: Terminal includes any place, whether covered or not. It can be a quay, a warehouse, a container yard, a road, rail or air cargo terminal. Incoterms® 2010

8 | 20 Structure: seller‘s obligations (A) 1.General obligations of the seller 2.Licences, authorisations, security clearances and other formalities 3.Contracts of carriage and insurance 4.Delivery 5.Transfer of risks 6.Allocation of costs 7.Notices to buyer 8.Transport document 9.Checking – packing – marking 10.Assistance with information and related costs Incoterms® 2010 Structure: buyer‘s obligations (B) 1.General obligations of the buyer 2.Licences, authorisations, security clearances and other formalities 3.Contracts of carriage and insurance 4.Taking delivery 5.Transfer of risks 6.Allocation of costs 7.Notices to seller 8.Proof of delivery 9.Inspection of goods 10.Assistance with information and related costs

9 | 20 Terms for multimodal transports  EXW (EX WORKS)  FCA (FREE CARRIER)  CPT (CARRIAGE PAID TO)  CIP (CARRIAGE AND INSURANCE PAID TO)  DAT (DELIVERED AT TERMINAL )  DAP (DELIVERED AT PLACE)  DDP (DELIVERED DUTY PAID) Incoterms® 2010

10 | 20 Terms for multimodal transports  FAS (FREE ALONGSIDE SHIP)  FOB (FREE ON BOARD)  CFR (COST AND FREIGHT)  CIF (COST, INSURANCE AND FREIGHT) These terms do not apply to any other means of transport. Incoterms® 2010

11 | 20 Electronic communication Any document referred to may be an equivalent electronic record or procedure if agreed or common practice between the contracting parties (A1, B1). Incoterms® 2010

12 | 20 Insurance Cover The seller is obliged to arrange transport insurance only under CIP and CIF terms. But:  This is necessary only for the part of transport, for which the seller carries the costs and the buyer carries the risk.  The seller is obligated to arrange insurance with minimum cover only (Institute Cargo Clause C). Recommended: Insurance cover in accordance with Institute Cargo Clause A Incoterms® 2010 Insert 'This is necessary only for the part of...

13 | 20 Transfer of risks The seller bears the risks … Allocation of costs The seller bears costs … Export customs clearance Import customs clearance Insurance obligation EXW EX WORKS … until goods have been placed by the seller at the named place, not loaded on transport vehicle. buyer no obligation FCA FREE CARRIER … until goods have been loaded on means of transport provided by the buyer, if named place is seller’s premises. … until goods are placed at the disposal of the carrier ready for unloading, if named place is not seller’s premises. … until goods have been loaded on means of transport provided by the buyer, if named place is seller’s premises. … until goods are placed at the disposal of the carrier ready for unloading, if named place is not seller’s premises. sellerbuyerno obligation CPT CARRIAGE PAID TO … until goods have been handed over to the carrier contracted by seller. … until goods have been delivered to named place of destination and costs for unloading if these are for seller´s account according to the contract of carriage. sellerbuyerno obligation CIP CARRIAGE AND INSURANC PAID TO … until goods have been handed over to the carrier contracted by seller. … until goods have been delivered to named place of destination and costs for unloading if these were for seller´s account according to the contract of carriage. sellerbuyer obligation of seller from point of transfer of risk to agreed place of destination DAT DELIVERED AT TERMINAL … until goods have been unloaded from arriving means of transport and delivered at disposal of the buyer at the named place of destination. sellerbuyerno obligation DAP Delivered at Place … until goods have been placed at the disposal of the buyer on the arriving means of transport ready for unloading at agreed point. sellerbuyerno obligation DDP DELIVERED DUTY PAID … until goods have been placed at disposal of the buyer ready for unloading at agreed point. … until goods have been placed at disposal of the buyer ready for unloading at agreed point and the costs for import customs clearance, duties, taxes and other charges payable upon import of the goods. seller no obligation FAS FREE ALONGSIDE SHIP … until goods have been placed alongside ship at named port of shipment. sellerbuyerno obligation FOB FREE ON BOARD … until goods have been placed on board the vessel at the named port of shipment. sellerbuyerno obligation CFR COST AND FREIGHT … until goods have been placed on board the vessel at the named port of shipment. … until goods have been delivered to agreed port of discharge and costs for unloading if these are for seller’s account according to the contract of carriage. sellerbuyerno obligation CIF COST, INSURANCE AND FREIGHT … until goods have been placed on board the vessel at the named port of shipment. … until goods have been delivered to agreed port of discharge and costs for unloading if these are for seller’s account according to the contract of carriage. sellerbuyer obligation of the seller from point of transfer of risk to agreed port of discharge Incoterms® 2010

14 | 20 Insurance liability, assumption of risks and costs pursuant to Incoterms® 2010 Incoterms® 2010

15 | 20 Incoterms® 2010 Insurance liability, assumption of risks and costs pursuant to Incoterms® 2010

16 | 20 Smarter logistics for the global village Weiss-Röhlig moves