Incoterms

from Wikipedia, the free encyclopedia

Incoterms (abbreviation of English In ternational Co mmercial term ; German  International trade clauses ) are a set of voluntary clauses to design commercial contract formulas in international merchandise trade .

General

The foreign trade between exporters and importers can only function smoothly if the exports and imports in their delivery and payment terms standardized and provide generally accepted trade terms that the transfer of risk , the transport costs and the transport risk control. You must make it clear whether the exporter or importer alone or both participate proportionally. If the Incoterms are the basis, the exporter only needs to use a specific abbreviation of the term without having to describe the distribution of costs and risks in detail.

The Incoterms are clauses that enable the contracting parties to make extensive, standardized regulations on the place of performance , other performance obligations and the transfer of risk within the framework of a sales contract . The use of INCOTERMS clauses is not only possible internationally, but also nationally.

Incoterms are also used in various statistics: in foreign trade statistics, the FOB value is always given for exports, and the CIF value is always given for imports. The customs value is always determined on the basis of a fictitious CIF import.

history

In June 1920 in Paris , founded International Chamber of Commerce ( English International Chamber of Commerce , ICC) first worked in 1936 with the Incoterms, which she edited as printed matter no. 92 in French, English and German. They were revised for the first time in 1953 and then again in 1967, 1976, 1980, 1990, 2000, 2010 and 2019 and adapted to developments in international trade.

details

The current status of the Incoterms is indicated by specifying the year. They have been adjusted several times, the current version is Incoterms 2020 (8th revision), valid since January 1, 2020, published on September 10, 2019.

The Incoterms 2010 were implemented as the 7th revision on January 1, 2011. This reduces the original 13 clauses of the Incoterms 2000 to 11 clauses in the Incoterms 2010, of which 7 are multimodal and 4 can only be used for sea or inland waterway transport.

The Incoterms are mainly the way of the delivery control of goods. The provisions stipulate which transport costs are to be borne by the seller and which by the buyer and who bears the transport risk in the event of loss or damage to the goods ( transfer of risk ). However, the Incoterms do not provide any information about when and where ownership of the goods passes from the seller to the buyer. Payment conditions and place of jurisdiction as well as the sales tax provision of the power of disposal are not regulated over them. The obligation to take out transport insurance is also usually not regulated by the Incoterms. The only exception is the Incoterms CIF and CIP. If these clauses are used, the seller must take out additional transport insurance in accordance with the corresponding clause.

The codes are divided into four groups:

  • Group E - Collection Clause (EXW)
  • Group F - Dispatch clauses without assumption of the costs for the main transport by the seller (FCA, FAS, FOB)
  • Group C - Dispatch clauses with the seller assuming the costs of the main transport (CFR, CIF, CPT, CIP)
  • Group D - Arrival Clauses (DAP, DAT, DPU, DDP)

Each group is characterized by the fact that the cost and risk bearing (transfer of risk) within the group is based on the same basic principle. In addition, while the duties of the seller with each group rise, those of the buyer reduced accordingly. Furthermore, two groups are combined from these four groups. The first group relates to the clauses that can be applied to any transport and the combined transport (EXW, FCA, CPT, CIP, DAP, DAT, DPU, DDP). The second group relates to the clauses that can only be applied to sea or inland waterway transport (FAS, FOB, CFR, CIF).

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

Despite the “INCOTERMS 2010”, it is also possible to conclude contracts between individual traders taking older Incoterms into account, e.g. B. "EXW Hamburg according to INCOTERMS 1980". This sometimes happens between long-term contractual partners with an established and therefore unchanged approach to their imports and exports.

Legal issues

The Incoterms have no legal force ; they only become part of the contract if they are expressly included in the contract by the buyer and seller . For example, “CIP according to INCOTERMS 2010” must be mentioned in the contract, whereby 2010 refers to the respective version of the Incoterms. Special provisions in individual contracts between the parties take precedence over Incoterms. The use of Incoterms in the contract (by specifying the abbreviation of the clause and the respective location) is voluntary.

Legally, the Incoterms in Germany are to be viewed as general terms and conditions that only apply if the contracting parties refer to them. They combine the transfer of risk with the price risk . If a named destination has been agreed as the delivery clause of the Incoterm DDP (“delivered duty paid”) for an international purchase of goods, the application instructions of the International Chamber of Commerce are to be used as a rule for the meaning of the clause. Thereafter, the seller has to fulfill the owed delivery at the named destination as an obligation to deliver . If the Incoterm FOB has been agreed between the contracting parties of a sales contract, the port of shipment is the place of delivery according to Art. 5 No. 1 EuGVVO . According to the Federal Court of Justice (BGH), an Incoterm (here: FOB) with the content of the existing interpretation rules of the International Chamber of Commerce applies even if this is not expressly agreed between the contracting parties.

Incoterms 2020

For January 1, 2020, the ICC published new, reformed INCOTERMS 2020 . The DAT clause is no longer applicable and the DPU clause is newly created.

code English meaning place to be specified
EXW English EX W orks ex works Plant location or any other location
FCA english F ree CA rrier free carrier Place of the seller or place of the carrier
FAS English F ree A longside S hip free alongside ship agreed port of loading (only suitable for ship loading)
FOB English F ree O n B oard Free on board agreed port of loading (only suitable for ship loading)
CFR english C ost And FR eight Cost and freight agreed port of destination (only suitable for loading by ship)
CIF English C ost I nsurance F reight Costs, insurance and freight to the port of destination agreed port of destination (only suitable for loading by ship)
DAP English D elivered A t P lace delivered named place Agreed place of delivery and destination (mostly destination terminal or location of the buyer)
DPU English D elivered at P lace U nloaded delivered named place unloaded Agreed place of delivery and destination (mostly destination terminal or location of the buyer)
CPT English C arriage P aid T o Freight paid by agreed destination (usually destination terminal or location of the buyer)
CIP English C arriage I nsurance P aid Freight and insurance paid agreed destination (usually destination terminal or location of the buyer)
DDP English D elivered D uty P aid delivered, duty & tax paid Agreed place of delivery and destination (mostly destination terminal or location of the buyer)

Obligations of the seller according to Incoterms 2020

Loading on means of transport Export customs declaration Transport to the export port Unloading the truck in the export port Loading fees in the export port Transport to the import port Unloading fees in the import port Loading on trucks in the import port Transport to the destination Unloading fees at the destination Import processing & taxation insurance
EXW Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FCA Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FAS Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FOB Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers
CFR Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers
CIF Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Seller
DAP Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers
DPU Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers Buyers
CPT 1 Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers
CIP 1 Seller Seller Seller Seller Seller Seller Seller Seller Buyers Seller Buyers Seller
DDP Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers
1 Transfer of risk to the buyer from handover to the first carrier.

Here are the multimodal clauses to be used for general cargo and container traffic, which are suitable for ship traffic as well as for land and air traffic. According to ICC Germany, FAS, FOB and CFR, CIF are particularly suitable for shipping.

EXW is not suitable for cross-border trade for logistical, tax, customs and export control reasons. A suitable term for delivery ex works / ex warehouse is usually FCA.

In the table the "relationships" and the differences between the terms are easy to see:

Obligations of the seller in multimodal transport
term Place of delivery / risk Contract of carriage insurance Freight document Export and import processing
EXW ( ex works) Make available at the agreed location The seller has no obligation to transport. Not even the load The seller has no obligation to take out insurance. The seller has no obligation The seller has no obligation.
FCA, place of the seller (free carrier) loaded on the collecting vehicle The seller has no obligation to carry out a transport for the benefit of the buyer, unless it has been agreed The seller has no obligation to take out insurance. Proof of delivery (receipt) The seller has to handle the export.
FCA, other location (free carrier) Ready for unloading at the agreed location at the carrier
CPT (carriage paid) With handover to the carrier as with FCA The seller must pay the carrier to the destination The seller has no obligation to take out insurance. If necessary, the seller must hand over all necessary shipping documents to the buyer
CIP (carriage paid insured) The seller must take out insurance at his own expense up to the destination, "Cover A, ICC" ( new regulation !) For 110% of the value of the goods.
DAP (Delivered named place) Ready for unloading at the agreed destination The seller must organize and pay for the transport to the destination at his own risk and expense The seller has no obligation to take out insurance. The seller must hand over to the buyer and at his own expense all freight documents necessary for the takeover.
DPU (Delivered Named Place, Unloaded) (New) At the agreed destination discharged
DDP (delivered duty paid and taxed) Ready for unloading at the agreed destination The seller has to clear the export and import

Incoterms 2010

The Incoterms 2010 have been changed in the following points compared to the previous version Incoterms 2000:

  • Reduction of the clauses from 13 to 11 (the maritime clauses DAF , DES , DEQ , DDU were removed; the general clauses DAT , DAP added).
  • Breakdown of Incoterms into:
  • Rules for any Mode or Modes of Transport (General Clauses ):
DAT , DAP , DDP , CPT , CIP , EXW , FCA ,
FAS , FOB , CFR , CIF .
  • The comprehensibility and application security for the selection of the appropriate Incoterms has been made easier by the guidance notes that have preceded each clause since 2010 .
  • The transfer of risk (transfer of risk ) now takes place at FOB and CFR as soon as the goods are on board the ship.
code English meaning place to be specified
EXW English EX W orks ex works Location of the plant
FCA english F ree CA rrier free carrier Location of the agreed carrier
FAS English F ree A longside S hip free alongside ship agreed loading port (only recommended for ship loading)
FOB English F ree O n B oard Free on board agreed loading port (only recommended for ship loading)
CFR english C ost And FR eight Cost and freight agreed port of destination (only recommended for ship loading)
CIF English C ost I nsurance F reight Costs, insurance, freight to the port of destination Transfer of risk at the port of shipment, transfer of costs from the port of destination (only recommended for ship loading)
DAT English D elivered A t T erminal delivered terminal agreed terminal
DAP English D elivered A t P lace delivered named place agreed place of delivery in the importing country
CPT English C arriage P aid T o Freight paid by agreed destination
CIP English C arriage I nsurance P aid Freight and insurance paid agreed destination
DDP English D elivered D uty P aid delivered duty paid agreed place of delivery in the importing country

Obligations of the seller according to Incoterms 2010

Loading on means of transport Export customs declaration Transport to the export port Unloading the truck in the export port Loading fees in the export port Transport to the import port Unloading fees in the import port Loading on trucks in the import port Transport to the destination Unloading fees at the destination Import customs clearance Import taxation insurance
EXW Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FCA Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FAS Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
FOB Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers Buyers
CFR Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Buyers
CIF Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers Seller
DAT Seller Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers Buyers Buyers
DAP Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers Buyers Buyers Buyers
CPT Seller Seller Seller Seller Seller Seller Seller Seller Buyers Seller Buyers Buyers Buyers
CIP Seller Seller Seller Seller Seller Seller Seller Seller Buyers Seller Buyers Buyers Seller
DDP Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Buyers

Incoterm codes 2000

code English meaning place to be specified
EXW English EX W orks ex works Location of the plant
FCA english F ree CA rrier Free carrier Location of the agreed carrier
FAS English F ree A longside S hip free alongside ship, only for ship transport agreed port of loading
FOB English F ree O n B oard Free on board agreed port of loading
CFR english C ost And FR eight Costs and freight, only for ship transport agreed port of destination
CIF English C ost I nsurance F reight Costs, insurance and freight to the port of destination agreed port of destination (only recommended for sea freight)
CPT English C arriage P aid T o Freight paid by agreed destination
CIP English C arriage I nsurance P aid Freight and insurance paid by agreed destination
DAF English D elivered A t F rontier free border agreed delivery point at the border
OF English D elivered E x S hip free ex ship, only for ship transport agreed port of destination
DEQ English D elivered E x Q uay free ex quay, only for ship transport agreed port of destination including unloading
DDU English D elivered D uty U npaid free duty unpaid agreed destination in the importing country
DDP English D elivered D uty P aid free duty paid agreed place of delivery in the importing country

Brand and Licensing

Incoterms is a protected, registered trademark of the ICC, which is protected in Europe as both a word mark and a figurative mark. In the Federal Republic of Germany the trademark rights are handled by the ICC e. V., International Chamber of Commerce in Berlin. Further education houses and trainers are subject to the ICC e. V. towards a licensing obligation.

literature

  • Adolf Baumbach (welcomed), Klaus J. Hopt , Christoph Kumpan , Hanno Merkt , Markus Roth : Commercial Code. With GmbH & Co., trade clauses, banking and stock exchange law, transport law (without maritime law) . 37th edition. CH Beck, Munich 2016, ISBN 978-3-406-67985-8 (explanation of the Incoterms 2010, among others).
  • ICC Germany International Chamber of Commerce: Incoterms 2010 . English (original text) / German (translation); The rules of the ICC for the interpretation of national and international trade clauses. ICC Germany, Berlin 2010, ISBN 978-3-929621-71-6 .
  • Christoph von Bernstorff: Incoterms 2010 of the International Chamber of Commerce (ICC). Commentary for practice including official regulations . Bundesanzeiger-Verlag, Cologne 2010, ISBN 978-3-89817-889-1 .
  • Günter Weick: Incoterms 2010 - An example for the “new lex mercatoria” . In: Journal for Legal Studies (ZJS) . No. 10 , 2012, p. 584-592 ( zjs-online.com [PDF]).
  • Claudia Zwilling-Pinna: Update of important trade clauses. New version of the Incoterms from 2011 . In: Operations consultant . No. 49 , 2010, p. 2980 .

Web links

Individual evidence

  1. ^ Andreas Maurer, Lex Maritima: Fundamentals of a transnational maritime trade law , 2012, p. 47
  2. Peter Klaus / Winfried Krieger (eds.), Gabler Lexikon Logistik , 2004, p. 195
  3. International Chamber of Commerce Germany ( Memento of the original from October 7, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.icc-deutschland.de
  4. Overview of the new clauses and their changes compared to Incoterms 2000 on the website of the Stuttgart Chamber of Commerce .
  5. a b only INCOTERMS 2010
  6. a b INCOTERMS 2020
  7. In the past, the clauses that were intended to be used exclusively for sea and inland waterway transport were also used for air and land transport.
  8. City list of the Economic Commission for Europe (UNECE) for the correct Incoterm determination
  9. Peter Klaus / Winfried Krieger (eds.), Gabler Lexikon Logistik , 2004, p. 195
  10. BGH, judgment of November 7, 2012, Az .: VII ZR 108/12 = BGHZ 195, 243
  11. BGH, judgment of April 22, 2009, Az .: VIII ZR 156/07 = BGH NJW 2009, 2606
  12. ^ BGH, judgment of June 18, 1975, Az .: VIII ZR 34/74 = WM 1975, 917
  13. International Chamber of Commerce : Incoterms 2020 (accessed February 2020)
  14. International Chamber of Commerce ICC (Ed.): Incoterms 2020: The rules of the ICC for the interpretation of national and international trade clauses (=  ICC publication . 723 DE). 2019, ISBN 978-3-929621-76-1 (translation ICC Germany eV).
  15. ICC Germany eV: Incoterms® 2020 . Ed .: ICC Germany. Berlin, ISBN 978-3-929621-73-0 , pp. 38 .
  16. ICC Germany (Ed.): Incoterms 2020 . DVV, ISBN 978-3-929621-73-0 , p. 27 .
  17. The guidance notes are not part of the Incoterm itself, but are only used for selection and interpretation.
  18. The previous thought model that the risk is transferred as soon as the goods have crossed the ship's railing should obviously be replaced.
  19. The DAP clause replaces the previous DDU clause.