About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 EJCCL 1 (2011)

handle is hein.journals/ejccl3 and id is 1 raw text is: Burghard Piltz* Incoterms® 2010 After comprehensive preliminary work, the Inter- national Chamber of Commerce (ICC) has presented an updated version of the rules on the interpretation of commercial terms1 first published some 75 years ago. These new 'Incoterms® 20102 came into force on 1 January 2011 and, with respect to their scope and depth, exceed those adaptations implemented by the INCOTERMS 2000. The following outlines the important changes vis-h-vis the INCOTERMS 2000' and provide some indications for the application of the Incoterms® 2010. 1. Overview The Incoterms® 2010 neither change the structure created in 1990, thus continuing to use the previous classification into groups, nor do they impact upon the designations and abbreviations of the clauses. However, the Incoterms® 2010 now consist of only eleven clauses personalised, like before, by a three- letter-combination, under which the ICC continues to compose rules for interpretation of the seller's and buyer's obligations under ten repeated headlines. In so doing, a basis is thereby created for their internation- ally coordinated, uniform application. As before, the Incoterms® 2010 are divided into four main groups arranged by the initial letters of the English version of the clauses. Every main group is characterised in such a way that the bearing of costs and risks within the group is governed by the same principle. The obliga- tions on the seller increase from the E through the F and C to the D group, while the responsibility of the buyer decreases correspondingly: - E group: The sole clause of this group (EXW - Ex Works) only demands from the seller that he makes the goods, packed and labeled but not loaded, available for collection by the buyer. - F group: According to the F-group clauses (FCA - Free Carrier, FAS - Free Alongside Ship, FOB - Free On Board), the buyer remains responsible for the main carriage of the goods. However, in contrast to the EXW clause, the seller is obliged to deliver the goods to the named place of delivery and to clear the goods for export at his own expense. The buyer must take delivery of the goods at the place of delivery, organise and pay for the main transport and bear the further responsibility for the transit through third countries and import into the country of destination. Unlike the FAS and FOB clauses, FCA is designed for any mode or modes of transport and is particularly convenient for transport by containers. European Journal of Commercial Contract Law 2011-1 - C group: The CFR (Cost and Freight) and CIF (Cost, Insurance and Freight) clauses are designed for sea and inland waterway transport. The CPT (Carriage Paid To) and CIP (Carriage and Insur- ance Paid to) clauses can however be used for any mode or modes of transport and are especially convenient for transport by containers. A com- mon characteristic of all C clauses is that the seller must clear the goods for export and - other than according to the F-group clauses - organise the main carriage to the place of destination at his own expense. As in the F group, the risk passes to the buyer when the goods are handed over at the place of delivery to the carrier of the main carriage. However, in contrast to the F clauses, the buyer must take delivery at the destination only. C clauses distinguish themselves from the other groups in exhibiting two differing points, on the one hand by the place of delivery and the place where risk passes and, on the other hand, by the place where delivery is to be taken and the place decisive for the alloca- tion of costs. - D group: Typically characteristic for all of the D-Group clauses (DAT - Delivered At Terminal, DAP - Delivered At Place, DDP - Delivered Duty Paid) is that the seller must bear all costs and - in contrast to the C clauses - also bear all risks until the goods arrive at the named place of destination. The named place of destination is the place of delivery and the place at which the buyer is to take delivery of the goods. However, the clearance for import remains the responsibility of the buyer. The D clauses hence form, to a large extent, the contrary rule compared to the F group. Only in the case of the DDP clause must the exporter also procure the clearance of the goods for import. Therefore, the Prof. Dr. Burghard Piltz, Lawyer at Brandi Rechtsanwilte, Professor at Universit~it Bielefeld. 1. On the history of development of the Incoterms see Ramberg, in: Andersen/Schroeter, Sharing International Commercial Law across National Boundaries, Festschrift for Albert H. Kritzer (2008), 394 et seq. 2. Incoterms® 2010 by the International Chamber of Com- merce (ICC), as ICC Publication 715 E published by ICC Publications, 38 Cour Albert ler, 75008 Paris, France. 3. For more details on this matter see, in particular, Werten- bruch, ZGS 2005, 136 et seq, Gabriel, VJ 2001, 41 et seq, Piltz, RIW 2000, 485 et seq, and Bredow/Seiffert, INCO- TERMS 2000, 2000.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most