What are Incoterms?
Incoterms are a set of eleven three-letter trade terms published by the International Chamber of Commerce. Written into a sales contract, each one settles who arranges and pays for transport, who handles export and import clearance, and the exact point where the risk of loss or damage passes from the seller to the buyer. The current edition is Incoterms 2020.
How many Incoterms are there?
There are eleven in the 2020 edition. Seven can be used for any mode of transport: EXW, FCA, CPT, CIP, DAP, DPU and DDP. Four are only for sea and inland waterway transport: FAS, FOB, CFR and CIF.
Is Incoterms 2020 still the current version?
Yes. Incoterms 2020 took effect on 1 January 2020 and is the edition in force. The ICC has revised the rules roughly every ten years, so a new edition is expected around 2030. Older editions such as Incoterms 2010 can still be used if a contract names them, which is why the edition year should always be written after the rule.
What does FCA mean in shipping?
FCA means Free Carrier. The seller clears the goods for export and hands them to the carrier the buyer has chosen, at a named place. If that place is the seller's premises, delivery happens once the goods are loaded onto the buyer's truck. If it is somewhere else, such as the carrier's terminal, delivery happens when the goods arrive there on the seller's vehicle, ready for unloading. Risk passes to the buyer at that moment.
What is the difference between DAP and DDP?
Under both, the seller delivers to the buyer's named place and carries the risk until the goods arrive there. The difference is import clearance. Under DAP the buyer clears the goods and pays the duties and taxes. Under DDP the seller does both, which means the seller acts as the importer of record in the destination country.
What is the difference between FOB and FCA?
FOB is a sea-only rule where risk passes once the goods are on board the vessel at the port of loading. FCA works for any mode and passes risk when the goods are handed to the buyer's carrier, which for containers is usually at the terminal or the seller's dock, days before loading. For containerised freight FCA matches how the goods actually move, which is why the ICC recommends it over FOB for containers.
What does EXW mean?
EXW means Ex Works. The seller simply makes the goods available at its own premises. The buyer loads them, clears them for export, carries them and imports them, and bears every cost and risk from the moment they are available for collection. It is the least the seller can do and the most the buyer can take on.
Which Incoterm is best for an importer?
For most importers buying from overseas suppliers, FCA at the supplier's premises or a named origin terminal is the most practical choice. The supplier clears export, which it is best placed to do, and the importer controls the main freight and the insurance through its own forwarder. EXW looks cheaper but leaves the buyer responsible for export formalities in a country where it has no presence.
Do Incoterms decide who owns the goods?
No. Incoterms decide delivery, costs, risk and who handles customs formalities. They do not decide when ownership or title passes, how or when the buyer pays, or what happens if the contract is broken. Those have to be dealt with elsewhere in the sales contract.
Does an Incoterm require insurance?
Only two do. Under CIF the seller must insure the goods to at least the minimum level of cover, Institute Cargo Clauses (C). Under CIP the seller must provide the broader Clauses (A) cover. In both cases the minimum sum insured is the contract value plus 10 percent. Under the other nine rules insurance is not required by the Incoterm, although whichever party carries the risk will usually want it.
Is FOB used for trucking in North America?
Often, but not in the Incoterms sense. In domestic North American trucking, FOB shipping point and FOB destination are terms from commercial law that mostly signal who pays the freight and where risk and title pass. They are not the Incoterms FOB rule, which is for sea freight only. If a contract means the Incoterm, it should say FOB, the named port, and Incoterms 2020.
What replaced DAT in Incoterms 2020?
DPU, Delivered at Place Unloaded. It works like the old DAT but the destination can be any named place, not only a terminal. Under DPU the seller must unload the goods at that place, which makes it the only Incoterm where the seller is responsible for unloading at destination.