ممنوع الأقتباس لأي منتدي بدون أذن أداره مصر موتورز
1. Two new Incoterms rules - DAT and DAP - have been replaced the Incoterms ®2000 rules DAF, DES. DEQ
and DDU
- The number of Incoterms rules has been reduced from 13 to 11. This has been achieved by substituting two
new rules that may be used irrespective in the agreed mode of transport - DAT, Delivered at Terminal and DAP
Delivered at Place - for the Incoterms 2000 rules DAF, DES, DEQ and DDU
- Under both new rules, delivery occurs at a named destination: in DAT, at the buyer's disposal unloaded from
the arriving vehicle (as under former DEQ rule); in DAP likewise at the buyer's disposal, but ready for unloading
(as under the former DAF, DES and DDU rules)
- The new rules make the Incoterms 2000 rules DES and DEQ superfluous. The name terminal in DAT may well
be in a port, and DAT can therefore safely be used in cases where the Incoterms 2000 rule DEQ once was.
Likewise the arriving "vehicle" under DAP may well be a ship and the named place of destination may be well
be a port: consequently DAP can be safely be used in cases where the Incoterms 2000 rules DES once was.
These new rules, like their predecessors, are delivered, with the seller bearing all the costs (other than those
related to import clearance, where applicable) and risks involved in bringing the goods to the named place of
destination.
2. Classification of the 11 Incoterms rules
The 11 Incoterms® rules are presented in two distinct classes:
- Rules for any mode or modes of transport
EXW
EX WORK
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
EXW - Ex Works ….named place of delivery
GUIDANCE NOTE:
- This rule may be used irrespective of the mode of transport selected and may also be used where more than any mode of transport is employed.
It is suitable for domestic trade, which FCA is usually more appropriate for international trade.
- "Ex Works" mean that the seller delivers when it places the goods at the disposal of the buyers at the seller's premise or at another named place (i.e. works
factory, warehouse, etc.). The Seller does not need to load the goods onto any collecting vehicle, nor does it need to clear the goods for export, where such
clearance is applicable.
- The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that points are for the
for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any at the name place of delivery.
- EXW represents the minimum obligation for the seller. The rule should be used within care as:
a. The seller has no obligation to the buyer to load the goods, even tough in practice the seller may be in a better position to do so. If the seller does load the
goods, it does so at the buyer's risk and expense. In cases where the seller is in a better position to load the goods, FCA, which obliges the seller to do so
at its own risk and expense, is usually more appropriate
b. A buyer who buys from a seller on an EXW basis for export needs to be aware that the seller has an obligation to provide such assistance as the buyer
may require to effect that export: The seller is not bound to organize the export clearance. Buyers are therefore well advised not to use EXW if they can not
directly or indirectly obtain export clearance.
c. The buyer has limited obligations to provide to the seller any needed information for, e.g.., taxation or reporting purposes.
من ناحيه البائع
A1. General Obligations of the Seller
- The seller must provide the goods and the commercial invoices in
conformity with the contract of sale and any other evidence of conformity that
may be required by the contract
- Any documents referred to in A1-A10 may be an equivalent electronic
record or procedure if agreed between the parties or customary
A2. Licenses, authorization, security clearances and other formalities
- Where applicable, the seller must provide the buyer, at the buyer's request
risk and expense, assistance in obtaining any exportl license or other official
authorization necessary for the export of the goods
- Where applicable, the seller must provide the buyer, at the buyer's request
risk and expense, any information in the possession of the seller that is
required for the security clearance of the goods
A3. Contracts of carriage and insurance
a. Contract of carriage
- The seller has no obligation to the buyer to make a contract of carriage
b. Contract of insurance
- The seller has no obligation to the buyer to make a contract of insurance
However, the seller must provide the buyer, at the buyer's request, risk and
expense (if any), with information that the buyer needs for obtaining insurance
A4. Delivery
- The seller must deliver the goods by placing them at the disposal of the buyer
at the agreed point, if any, at the name place of delivery not loaded on any
collecting vehicle. If no specific point has been points available, the seller may
select the point that best suits its purpose. The seller must deliver the goods
on the agreed date or within the agreed period
A5. Transfer of risks
- The seller bears all the risks of loss of or damage to he goods until they have
been delivered in accordance with A4 with the exception of loss or damage in
the circumstances describes in B5
A6. Allocation of costs
- The seller must pay all cost relating to the goods until they have been
delivered in accordance with A4, other than those payable by the buyer as
envisaged in B6.
A.7 Notice to the Buyer
- The Seller must give the buyer any notice needed to enable the buyer to
take delivery
A8. Delivery Document
- The seller has no obligation to the buyer
A.9 Checking - Packaging - Marking
- The seller must pay the cost of those checking operations (such as checking
quality, measuring, weighing and counting) that are necessary for the purpose
of delivering the goods in accordance with A4.
- The seller must, at its own expense, package the goods, unless it is usual
for the particular trade to transport the type of goods sold unpackaged. The
Seller may package the goods in the manner appropriate for their transportation
unless the buyer has notified the seller of specific packaging requirement before
the contract of sale is concluded. Packaging is to he marked appropriately.
A10. Assistance with information and related costs
- The seller must, where applicable, in a timely manner, provide to or render
assistance in obtaining for the buyer, at the buyer's request, risk and expense
any documents and information, including security-related information, that the
buyer needs for the export and or import of the goods and/or for their transport
to the final destination.
من ناحيه المشتري
B. THE BUYER'S OBLIGATIONS
B1. General Obligations of the Buyer
- The Buyer must pay the price of the goods as provided in the contract of sale
- Any documents referred to in B1-B10 may be an equivalent electronic
record or procedure if agreed between the parties or customary
B2. Licenses, authorization, security clearances and other
formalities
- Where applicable, it is up to the buyer to obtain, at its own risk and expense
any export and import license or other official authorization and carry out all
formalities for export of the goods.
B3. Contracts of carriage and insurance
a. Contract of carriage
- The buyer has no obligation to the seller to make a contract of carriage
b. Contract of insurance
- The buyer has no obligation to the seller to make a contract of insurance
B4. Taking delivery
- The buyer must take delivery of the goods when A4 and A7 have been
complied with.
B5. Transfer of risks
- The buyer bears all the risks of loss of or damage to he goods from the time
they have been delivered as envisaged in A4.
- If the buyer fails to give notice in accordance with B7, then the buyer bears
all risks of loss of or damage to the goods from the agreed date or the expiry
date of the agreed period for delivery provide that the goods have been clearly
identified as the contract goods.
B6. Allocation of costs
The buyer must:
a. Pay all cost relating to the goods from the time they have been
delivered
as envisaged in A4
b. Pay any additional costs incurred by failing either to take delivery of the
goods when they have been placed at its disposal or to give appropriate notice
in accordance with B7, provided that the goods have been clearly identified as
the contract goods
c. Reimburse all costs and charges incurred by the seller in providing
assistance as envisaged in A2
B.7 Notice to the Seller
- The buyer must, whenever it is entitled to determined the time within an
agreed period and /or the point of taking delivery within the name placed, give
the seller sufficient notice thereof
B8. Proof of Delivery
- The buyer must provide the seller with appropriate evidence of having
taken delivery
B9. Inspection of Goods
- The buyer must pay the costs of any mandatory pre-shipment inspection
including inspection mandated by the authorities of the country of export.
B10. Assistance with information and related costs
- The buyer must, in a timely manner, advise the seller of any security
information requirements so that the seller may comply with A10
- The buyer must reimburse the seller for all costs and charges incurred
by the seller in providing or rendering assistance in obtaining documents
and information as envisaged in A10.
يستكمل