Implications of the Incoterms in international import and export

Communication is crucial in international import & export, where both buyers and sellers are located a long way away, there’s every chance of misunderstanding in the interpretation of various terms used in contracts and agreements. These confusions and misapprehensions can cost one or both parties, dearly. What sounds pretty simple and straight-forward to a buyer sitting in United States, could turn out to be a perplexing one for the seller in China.

This problem continued to exist and resulted in many mix-ups and losses until the International Chamber of Commerce set down “Incoterms”, which is a set of 13 terms, referred as

1. EX-Works
2. FOB (Free On Board)
3. FCA (Free Carrier)
4. FAS (Free Alongside Ship)
5. CFR (Cost and Freight)
6. CIF (Cost, Insurance & Freight)
7. CPT (Carriage Paid to)
8. CIP (Carriage and Insurance Paid to)
9. DAF (Delivered at Frontier)
10. DES (Delivered Ex Ship)
11. DEQ (Delivered Ex Quay)
12. DDU (Delivered Duty Unpaid)
13. DDP (Delivered Duty Paid)

Businesses can choose any of these 13 terms according to their own needs and requirements. For example, "Ex-works" inflict the minimum liability for seller; on the other hand "Delivered Duty Paid" makes it obligatory for the seller to arrange for almost everything including export duty expenses, loading and unloading expenses, landing charges, transportation, insurance and custom clearance. Incoterms are not applicable to all aspects of trade, however they do standardize most of the terms used in international trade. For example, they spell out the terms of delivery in detail, and establish the responsibilities for buyers and sellers as to who will bear the expenses of insurance, clearance or various other taxes. Another important implication of "Incoterms" is the reduction (or removal) of uncertainty about the transfer of risk.

As an exporter or importer, you need to spend some time on understanding each of these 13 "Incoterms" and their explanations given on the official website of "International Chamber of Commerce". Each of them is an agreement in essence, with predetermined terms and condition, for that reason each of them has got different advantages and disadvantages. After a careful study, maybe you can underline the best ones and then stress on using that particular Incoterms when getting into an agreement with some buyer or seller. Incoterms are acknowledged all over the world (by courts, governments, etc); therefore a good comprehension of all of these terms is a must for all international exporters. Remember, ICC keep making minor changes (not very often though), it's important to keep a track of these modifications.