Incoterms

Incoterms ( International Commercial Terms English, International trade terms ') are a set of voluntary rules for the interpretation of commercial contract formulas in international trade.

Particulars

The Incoterms were by the International Chamber of Commerce ( International Chamber of Commerce ICC) developed and 1936 for the first time set up. The state of the Incoterms is characterized by indication of the year. They have been adapted several times, the latest version of the Incoterms 2010 (7th revision). The Incoterms 2010 are implemented as 7 Revision 1 January 2011. Thereby, the original 13 clauses of Incoterms 2000 are reduced to 11 clauses in the Incoterms 2010, of which 7 are multimodal and 4 used only by sea or inland waterway transport.

The Incoterms are primarily regulate the manner of delivery of goods. The provisions specify which transport costs the seller which the buyer has to bear and who in case of loss or damage to the goods bears the financial risk ( risk). However, the Incoterms give no indication of when and where ownership passes to the goods from the seller to the buyer. Also of payment and jurisdiction are not controlled by them.

The obligation to take out transport insurance is also largely not governed by Incoterms. The only exception is in the Incoterms CIF and CIP. If these clauses that are used, the seller additional transport insurance in accordance with the relevant clause needs to complete.

Incoterms do not have the force of law; they are only part of the contract, if they are involved from the buyer and seller in the contract. For example, must be mentioned in the contract " CIP INCOTERMS 2010 ", where 2010 refers to the version of Incoterms. Special provisions in individual contracts between the parties proceed with the Incoterms. The use of Incoterms in the contract ( by specifying abbreviation of the clause and the respective local ) is voluntary.

Each Incoterm also requires a Location, depending on the agreement accurately ( address) or variable may be ( for example, a port water area ). In the second case, the exact address is possibly determined shortly before arrival, for example, in overseas trade (see also ARAG ). The Economic Commission for Europe (UNECE ) offers this on a list to determine which destinations are appropriate for which Incoterm.

The Incoterms are also used in various statistics: In the foreign trade statistics always the CIF value will be the FOB value of exports for imports specified. The customs value is generally determined on the basis of a fictitious CIF import.

It is despite the " INCOTERMS 2010" also possible contracts between individual merchants, including older Incoterms, such as "EXW Hamburg according to INCOTERMS 1980 " to complete. This sometimes happens between long-term contractors with an established and therefore unchanged handling of their imports and exports.

Summary of new features of the Incoterms 2010

  • Use not only internationally, but also nationally
  • Reduction of the clauses from 13 to 11 ( the maritime terms DAF, DES, DEQ, DDU were removed, and the general clauses DAT, DAP newly added)
  • Outline of Incoterms in:
  • Rules for any Mode or Modes of Transport ( General provisions )
  • Rules for Sea and Inland Waterway Transport ( maritime and inland waterways)
  • The comprehension and application security for selection of the appropriate Incoterms was facilitated by the each clause since 2010 prefixed " Guidance Notes ".
  • The transfer of risk ( Risk ) will be done in FOB, CFR, CIF, once the goods are on board the ship.

Incoterm codes 2010 (current)

The Incoterms are now divided into two groups. The first group refers to the clauses that can be used for each transport and combined transport ( EXW, FCA, CPT, CIP, DAP, DAT, DDP). The second group refers to the clauses that can be used exclusively on the sea or inland waterway transport (FAS, FOB, CFR, CIF).

Incoterm code 2000

Obligations of the seller in accordance with the Incoterms 2010

Brand and Licensing

Incoterms is a protected, registered trademark of the ICC, which is protected in Europe both as a word mark as well as figurative. In the Federal Republic of Germany, the trademark eV by the ICC, International Chamber of Commerce in Berlin, perceived. Training and coach houses are subject to the ICC eV compared to a licensing requirement.

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