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Incoterms, deriva dalla contrazione di
international commerce terms.
Si tratta di concetti standard per definire la tipologia di esportazione o importazione. Sono noti in tutto il mondo e definiscono un modo pratico, veloce e senza ambiguit?hi si assume gli oneri e le responsabilit?el trasporto e della logistica di un bene.
Le figure giuridiche coinvolte sono:
- Venditore
- Acquirente
- Trasportatore
- Dogana
- Assicurazione
In Italia utilizzando un corriere, spesso ?ufficiente definire i seguenti termini:
- Porto Franco: con questo tipo di spedizione il pagamento del trasporto ? carico del mittente.
- Porto Assegnato: con questo tipo di spedizione il pagamento del trasporto ? carico del destinatario.
Sito degli Incoterms: http://www.incoterms.org
Alcune indicazioni in inglese:
EXW |
Ex
Works
(... named
place) |
means that
the seller delivers when he places the goods at the disposal of the
buyer at the seller's premises or another named place (i.e. works,
factory, warehouse, etc.) not cleared for export and not loaded on any
collecting vehicle. This term thus represents the minimum
obligation for the seller, and the buyer has to bear all costs and risks
involved in taking the goods from the seller's premises |
FCA |
Free
Carrier
(... named
place) |
means that
the seller delivers the goods, cleared for export, to the carrier
nominated by the buyer at the named place. It should be noted that the
chosen place of delivery has an impact on the obligations of loading and
unloading the goods at that place. If delivery occurs at the seller's
premises, the seller is responsible for loading. If delivery occurs at
any other place, the seller is not responsible for unloading. This
term may be used irrespective of the mode of transport, including
multimodal transport. |
FAS |
Free
Alongside Ship
(... named
port of shipment) |
means that
the seller delivers when the goods are placed alongside the vessel at
the named port of shipment. This means that the buyer has to bear all
costs and risks of loss of or damage to the goods from that moment.
The FAS term requires the seller to clear the goods for export. |
FOB |
Free
On Board
(... named
port of shipment) |
means that
the seller delivers when the goods pass the ship's rail at the named
port of shipment. This means that the buyer has to bear all costs and
risks of loss of or damage to the goods from that point. The FOB term
requires the seller to clear the goods for export. This term can be used
only for sea or inland waterway transport.If the parties do not intend
to deliver the goods across the ship's rail, the FCA term should be used. |
CFR |
Cost and
Freight
(... named
port of destination) |
means that
the seller delivers when the goods pass the ship's rail in the port of
shipment. The seller must pay the costs and freight necessary to bring
the goods to the named port of destination BUT the risk of loss of or
damage to the goods, as well as any additional costs due to events
occurring after the time of delivery, are transferred from the seller to
the buyer.The CFR term requires the seller to clear the goods for
export. This term can be used only for sea and inland waterway transport.
If the parties do not intend to deliver the goods across the ship's rail,
the CPT term should be used. |
CIF |
Cost,Insurance
and Freight
(... named
port of destination) |
means that
the seller delivers when the goods pass the ship's rail in the port of
shipment. The seller must pay the costs and freight necessary to bring
the goods to the named port of destination .The CIF term requires the
seller to clear the goods for export. This term can be used only for sea
and inland waterway transport. If the parties do not intend to deliver
the goods across the ship's rail, the CIP term should be used. |
CPT |
Carriage
Paid To
(...
named place of destination) |
means that
the seller delivers the goods to the carrier nominated by him but the
seller must in addition pay the cost of carriage necessary to bring the
goods to the named destination. This means that the buyer bears all
risks and any other costs occurring after the goods have been so
delivered.If subsequent carriers are used for the carriage to the agreed
destination, the risk passes when the goods have been delivered to the
first carrier. The CPT term requires the seller to clear the goods for
export. This term may be used irrespective of the mode of transport
including multimodal transport. |
CIP |
Carriage
and Insurance Paid To
(... named
place of destination) |
means that
the seller delivers the goods to the carrier nominated by him but the
seller must in addition pay the cost of carriage necessary to bring the
goods to the named destination. This means that the buyer bears all
risks and any additional costs occurring after the goods have been so
delivered. However, in CIP the seller also has to procure insurance
against the buyer's risk of loss of or damage to the goods during the
carriage. Consequently, the seller contracts for insurance and pays the
insurance premium.If subsequent carriers are used for the carriage to
the agreed destination, the risk passes when the goods have been
delivered to the first carrier. The CIP term requires the seller to
clear the goods for export. This term may be used irrespective of the
mode of transport including multimodal transport. |
DAF |
Delivered
At Frontier
(... named
place) |
means that
the seller delivers when the goods are placed at the disposal of the
buyer on the arriving means of transport not unloaded, cleared for
export, but not cleared for import at the named point and place at the
frontier, but before the customs border of the adjoining country. The
term ?frontier? may be used for any frontier including that of the
country of export. Therefore, it is of vital importance that the
frontier in question be defined precisely by always naming the point and
place in the term. This term may be used irrespective of the mode of
transport when goods are to be delivered at a land frontier. When
delivery is to take place in the port of destination, on board a vessel
or on the quay (wharf), the DES or DEQ terms should be used. |
DES |
Delivered
Ex Ship
(... named
port of destination) |
means that
the seller delivers when the goods are placed at the disposal of the
buyer on board the ship not cleared for import at the named port of
destination.The seller has to bear all the costs and risks involved in
bringing the goods to the named port of destination before discharging.
If the parties wish the seller to bear the costs and risks of
discharging the goods, then the DEQ term should be used. This term
can be used only when the goods are to be delivered by sea or inland
waterway or multimodal transport on a vessel in the port of destination. |
DEQ |
Delivered
Ex Quay
(... named
port of destination) |
means that
the seller delivers when the goods are placed at the disposal of the
buyer not cleared for import on the quay (wharf) at the named port of
destination. The seller has to bear costs and risks involved in bringing
the goods to the named port of destination and discharging the goods on
the quay (wharf).The DEQ term requires the buyer to clear the goods for
import and to pay for all formalities, duties, taxes and other charges
upon import. This term can be used only when the goods are to be
delivered by sea or inland waterway or multimodal transport on
discharging from a vessel onto the quay (wharf) in the port of
destination. However if the parties wish to include in the seller's
obligations the risks and costs of the handling of the goods from the
quay to another place (warehouse, terminal, etc.) in or outside
the port, the DDU or DDP terms should be used. |
DDU |
Delivered
Duty Unpaid
(... named
place of destination) |
means that
the seller delivers the goods to the buyer, not cleared for import, and
not unloaded from any arriving means of transport at the named place of
destination. The seller has to bear the costs and risks involved in
bringing the goods thereto, other than, where applicable, any ?duty? (which
term includes the responsibility for and the risks of the carrying out
of customs formalities, and the payment of formalities, customs duties,
taxes and other charges) for import in the country of destination. This
term may be used irrespective of the mode of transport but when delivery
is to take place in the port of destination on board the vessel or on
the quay (wharf), the DES or DEQ terms should be used. |
DDP |
Delivered
Duty Paid
(... named
place of destination) |
means that
the seller delivers the goods to the buyer, cleared for import, and not
unloaded from any arriving means of transport at the named place of
destination. The seller has to bear all the costs and risks involved in
bringing the goods thereto including, where applicable, any ?duty? (which
term includes the responsibility for and the risk of the carrying out of
customs formalities and the payment of formalities, customs duties,
taxes and other charges) for import in the country of destination. If
the parties wish the buyer to bear all risks and costs of the import,
the DDU term should be used. This term may be used irrespective of
the mode of transport but when delivery is to take place in the port of
destination on board the vessel or on the quay (wharf), the DES or DEQ
terms should be used. |
NB : The
implications and the interpretations of Inco terms which have been revised/puplished
in different years may differ from one another.Therefore the year of the
revised puplication of the Inco terms has to be stated along with the Inco
term used in the offers/
quotations in order
to clarify the seller's and buyer's responsibilities and for this reason the
reader is recommended to read carefully
the seller's and
buyer's responsibilities of each term before using it and then state the
revised publication year of the inco
term along with the
term in their offer/quotations, e.g. Delivery Term : FOB Istanbul Inco Terms
2000.
INCO TERMS 1990
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A list of 13 standard terms for foreign
trade contracts listing the respective responsibilities of buyer and
seller, covering collection/delivery, risk and cost responsibilities,
they are internationally agreed rules for the interpretation of export
terms used in overseas trade, formulated by the International Chamber of
Commerce.
Incoterms are a set of uniform rules
codifying the interpretation of trade terms defining the rights and
obligations of both buyer and seller in an international transaction.
They are hence a basis of the transfere of responsibility from seller to
buyer at a convenient place where goods can be inspected.
Hence ?FOB?,?C&F?and ?CIF?
arrange for this to occur upon loading on board the vessel.
With containers inspection at ship side is not possible so that :FOB?,CFR
etc are inappropriate .
The international chamber Of commerce( ICC)
have accordingly drafted three combined transport equivelants which they
advise to use when availing of combined transport services in order to
avoid disputes, they are FCA ,CPT and CIP which transfere responsibility
from sellers to buyers at the inland point at which the carrier takes
charge of the goods.
Incoterms can be divided into recommended usages by mode of carriage
the division recommended by the (ICC) is:
- All modes (i.e combined transport) -EXW,FCA,CPT,CIP.,DAF,DDU,DDB
- Conventional port to port sea carriage only - FAS,FOB,CFI,CIF,DAS,DEQ
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THE TERMS SET OUT
HEREUNDER ARE THE INCOTERMS 1990: |
Term
|
Description
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EXW
|
Ex Work (Named Place)
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FCA
|
Free Carier (Named Place)
|
FAS
|
Free Alongside Ship( Named Port Of Shipment)
|
FOB
|
Free On Board (Named Port Of Shipmenty)
|
CFR
|
Cost And Freight (Named Port Of Destination)
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CIF
|
Cost Insurance And Freight( Named Port Of
Destination)
|
CPT
|
Carrier Paid To (Named Point Of Destination)
|
CIP
|
Carriage And Insurance Paid To (Named Point Of
Destination)
|
DAF
|
Delivered At Frontier (Named Point)
|
DES
|
Delivered Ex Ship (Named Port Of Destination)
|
DEQ
|
Delivered Ex Quay Duty Paid(Named Port Of
Destination)
|
DDU
|
Delivered Duty Unpaid( Named Point Of Destination)
|
DDP
|
Delivered Duty Paid (Named Point)
|
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EXW |
FCA |
FAS |
FOB |
CFR |
CIF |
CPT |
CIP |
DAF |
DES |
DEQ |
DDU |
DDP |
Services
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Warehouse Storage |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Warehouse Labour |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Export Packing |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Loading Charges |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Inland Freight |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Terminal Charges |
Buyer |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Forwarder's Fees |
Buyer |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Loading On Vessel |
Buyer |
Buyer |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Ocean/Air Freight |
Buyer |
Buyer |
Buyer |
Buyer |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Seller |
Charges Upon Arrival |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Seller |
Seller |
Sellerv |
Seller |
Seller |
Seller |
Seller |
Duty, Taxes & Customs Clearance |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Seller |
Buyer |
Seller |
Delivery To Destination |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Buyer |
Seller |
Seller |
For business
terminology to be effective, phrases must mean the same thing
throughout the industry. That is why the International Chamber of
Commerce created "Incoterms" in 1936. Incoterms are
designed to create a bridge between different members of the
industry by acting as a uniform language they can use. It is vital
that exporters and importers are familiar with these terms, as
they identify the precise moment when ownership of goods passes
from seller to buyer. The inclusion of Inco terms in a sales
agreement commits the buyer and seller to a strict interpretation
of these standard definitions.
Each Incoterm
refers to a type of agreement for the purchase and shipping of
goods internationally. There are 13 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; DDU assists with
situations found in intermodal or courier service-based shipments.
Incoterms are most
frequently listed by category. Terms beginning with F
refer to shipments where the primary cost of shipping is not paid
for by the seller. Terms beginning with C
deal with shipments where the seller pays for shipping. E
terms occur when a seller's responsibilities are fulfilled when
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 into 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.
Recently the ICC
changed basic aspects of the definitions of a number of Incoterms,
buyers and sellers should be aware of this. Terms that have
changed have a star alongside them.
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