Increasing globalisation means that worldwide imports and exports are rapidly increasing. If you import or export goods from or to abroad, then you are dealing with international commercial terms and conditions (International Commercial Terms). These are also known as Incoterms.
Incoterms are renewed every decade and 2020 brings new updates and changes. So whether you’re completely new to using Incoterms, or have been using them for years, this article will tell you everything you need to know for 2020:
- What are Incoterms?
- When are Incoterms used?
- How do you use Incoterms?
- Why use Incoterms in international trade?
- Are Incoterms changing in 2020?
- What are the 11 Incoterms?
Incoterms (International Commercial Terms) were developed in 1936 by the International Chamber of Commerce. It is the solution for an international trade problem where parties from different countries can interpret transport agreements differently.
Incoterms are literally standardized international delivery terms, which serve as a contract between seller and buyer. They describe all tasks, risks and costs associated with the transaction of goods worldwide and are thereby the most important trading conditions.
Incoterms are used to agree on the most important contractual terms and obligations for global trade. This includes the export, import and transit of goods.
The transport contract, the transport insurance, the determination of the place of delivery and transfer of risk, information obligations and more are determined by the Incoterms.
Incoterms answer the following questions:
- Which party is responsible for the shipping costs?
- Which party is responsible for the insurance costs?
- Which party is responsible for the import costs?
- Which party is responsible for customs clearance?
- Which party is responsible for customs clearance
- Which party is responsible for transport and where does this go?
- Which party is liable for the goods and until when?
In short, Incoterms are the solution for an international trade problem whereby parties from different countries can interpret transport agreements differently. This was first recorded in 1936 and the Incoterms have been changed seven times since. Every 10 years they are updated or adapted to the new circumstances. The most recent rules are currently Incoterms 2020.
You as a seller determine which incoterm you use. If you are going to ship products outside the EU, then choose your Incoterms and put them on your commercial invoice.
It is important to also mention them in your terms and conditions. You need to inform your customers if they are responsible for certain things, like customs costs for example. Recognise that general consumers won’t understand what each Incoterm means. You must plainly describe the Incoterm(s) you choose, explaining each condition so your customers can understand what it means for them.
When deciding your Incoterms, keep in mind that not all carriers support every one. So always check this with the carrier you want to ship internationally with.
Incoterms play a major role in the international shipment of goods. We summarize the various functions for you:
Main functions of the Incoterms:
- Cost allocation: which contract partner bears which costs?
- Division of obligations: which contract partner takes on which obligations on which route?
- Risk transfer: which contract partner covers which risk at which moment in time?
Other functions of the Incoterms
- Goods documents: which contract partner buys the required goods documents?
- Customs: which contract partner is responsible for customs clearance?
- Transport documents: which contract partner buys which transport documents?
- Shipping insurance: which contract partner insures the goods for which part of the transport?
- Information: which contract partner informs the other at what time and about what?
- Goods inspection: which contract partner carries out the goods inspection?
- Packaging: which contract partner determines the type and packaging method?
In total there are 11 different Incoterms. The main difference between these International Commercial Terms is the point where the risk shifts from seller to buyer. So from what time is the buyer responsible for:
- the costs of transport
- the risk of shipment
- the insurance
Incoterms are updated every 10 years to keep pace with developments. The Incoterms of 2010 remain valid, but in the end more and more companies will transfer to the newer terms. It is therefore important to switch to the Incoterms of 2020, helping to prevent confusion.
What has changed in the new Incoterms 2020?
If you’ve never used Incoterms before, skip to Incoterms 2020.
- DAT has changed to DPU: Delivered at Terminal has been changed to Delivered at Place Unloaded. The reason is that goods can not only be delivered to a terminal or dock, but also at any other point where it is possible to load goods, such as a factory or warehouse.
- The on-board Bill of Lading (BL) option has been added to the FCA: It can be specified in the sales agreement that a Bill of Lading must be issued. The Bill of Lading indicates that goods have been loaded on board. The buyer hereby instructs the carrier to hand over this “note of board” to the seller.
- CIF and CIP contain different levels of coverage: With the CIP, the seller is obliged to take out comprehensive transport insurance. For CIF there is an obligation for insurance with minimal coverage.
- FCA, DAP, DPU, and DPP have their own means of transport: For these Incoterms it is possible to arrange the transport of goods with their own means of transport.
1: EXW – Ex Works
The seller must give the buyer access to goods at an agreed location. From that moment, the buyer bears almost all costs and risks during the entire shipping process.
2: FCA – Free Carrier
The seller must make the goods available at his own risk and expense at his own premises or at an agreed place. In both cases, the seller is responsible for the clearance of the goods for export. It can be agreed that the buyer must instruct the carrier to transfer a “Bill of Lading (BL)” with a note on board to the seller.
3: CPT – Carriage Paid To
The seller has the same responsibilities as with FCA, but in this case also pays the delivery costs.
4: CIP – Carriage Insurance Paid To
The same seller responsibilities as with CPT, only in this case the seller is obliged to pay the insurance with a high coverage ratio. Parties can agree separately to apply limited coverage.
5: DAP – Delivered At Place
The seller bears the costs and risks during the transport of the goods to an agreed address. As soon as the goods have arrived at this address and are ready for unloading, the risk passes to the buyer.
6: DPU – Delivered at Place Unloaded
The seller is responsible for the costs and risks of delivering goods to an agreed destination where goods can be unloaded for further transport. The selling party arranges customs and unloads the goods at the agreed place. The buyer arranges the customs clearance and any associated rights.
7: DDP – Delivered Duty Paid
The seller bears the costs and risks of transport, carries out the export and import responsibilities and pays any import duties. As soon as the goods have arrived at the address and are ready for unloading, the risk passes to the buyer.
8: FAS – Free Alongside Ship
The seller bears all costs and risks until the goods are delivered next to the ship. From that point, the risk is for the buyer and he also arranges the export clearance and import clearance.
9: FOB – Free On Board
The seller bears all costs and risks until the goods are on board the ship and also arranges the export clearance. As soon as the goods have been delivered to the ship, the buyer bears all responsibilities.
10: CFR – Cost And Freight
The same applies to the seller and buyer as with FOB, but in this case the seller must also pay for the transport of the goods to the port.
11: CIF – Cost, Insurance and Freight
The seller has the same obligations as with CFR, but also pays the (minimum) insurance costs. The buyer must pay for more comprehensive insurance.
In the overview below, you can see at a glance which party has the responsibilities and obligations, for example, for loading orders on transport or paying taxes.
To make the biggest differences between the Incoterms more transparent, they can be divided into four groups:
Group E: EXW is the only “collection” Incoterm. Almost all costs and risks are the responsibility of the buyer during the entire shipping process.
Group F: FCA, FAS and FOB are the three Incoterms where the seller does not cover the costs and risks of the main transport. As soon as the goods are handed over to the carrier, the costs and the risk of the main transport are transferred to the buyer.
Group C: CPT, CIP, CFR and CIF are the four Incoterms where the seller has to bear all costs of the main transport. As soon as the goods are handed over to the carrier, only the risk of transportation is transferred to the buyer. The costs and any insurance remains the risk of the selling party.
Group D: DAP, DPU and DPP are the three Incoterms where the selling party bears all costs and risks until the arrival of the goods at an agreed destination.
For webshops that sell internationally, DAP (Delivered At Place) is the most commonly used Incoterm. DAP simply means that you as a seller pay the shipping costs, arrange the insurance and prepare export documents. The recipient pays any import and customs costs. If you are unsure which Incoterm to use, we recommend this is a good choice for a B2C webshop that sells internationally.
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