MASTERING INCOTERMS 2020: INDUSTRY INSIGHTS FOR SEAMLESS TRANSACTIONS

Overview of Incoterms 2020

Incoterms, or International Commercial Terms, are a set of rules that define the responsibilities of sellers and buyers in the delivery of goods under sales contracts. Here, we provide a brief overview of each term and what it entails:

1. EXW (Ex Works): The seller makes the goods available at their premises, or another named place. The buyer is responsible for all costs and risks associated with transporting the goods to the destination.

2. FCA (Free Carrier): The seller delivers the goods to a carrier or another person nominated by the buyer at the seller's premises or another agreed place. The buyer assumes responsibility for the goods once they are handed over to the carrier.

3. CPT (Carriage Paid To): The seller is responsible for arranging carriage to the named place of destination. However, the risk of loss or damage to the goods, as well as any additional costs, are transferred from the seller to the buyer once the goods have been handed over to the carrier.

4. CIP (Carriage and Insurance Paid To): Similar to CPT, but the seller also arranges insurance cover against the buyer’s risk of loss or damage to the goods during transit.

5. DAT (Delivered at Terminal): The seller delivers the goods, once unloaded from the arriving means of transport, at a named terminal at the named port or place of destination. The seller bears all risks involved in bringing the goods to and unloading them at the terminal.

6. DAP (Delivered at Place): The seller delivers the goods when they are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.

7. DDP (Delivered Duty Paid): The seller bears all the costs and risks involved in bringing the goods to the place of destination and is obligated to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.

8. FAS (Free Alongside Ship): The seller delivers the goods alongside the ship (e.g., on a quay) nominated by the buyer at the named port of shipment. The risk of loss or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.

9. FOB (Free on Board): The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered. The risk of loss or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.

10. CFR (Cost and Freight): The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ship's rail.

11. CIF (Cost, Insurance, and Freight): Essentially the same as CFR, but additionally, the seller must procure marine insurance against the buyer's risk of loss or damage to the goods during the carriage.

Industry-Specific Incoterms: A Closer Look

Understanding the nuances of Incoterms is vital, especially when it comes to industry-specific preferences. Different industries often lean towards specific Incoterms due to the nature of the goods being transported, the logistics involved, and other industry-specific factors. In this section, we delve into the most commonly used Incoterms across various industries and explain why they are preferred:

Fashion and Lifestyle

• Common Incoterms: FOB, CIF
• Reason: These terms are preferred due to the high volume of overseas manufacturing, which requires comprehensive coverage of freight and insurance costs.

• Common Incoterms: CIP, DDP
• Reason: Ensuring the safe and secure delivery of sensitive goods is paramount, necessitating terms that cover insurance and delivery to the destination.

• Common Incoterms: DAP, DDP
• Reason: These industries prioritize quick and efficient delivery, making terms that include delivery to the buyer's place more favorable.

• Common Incoterms: FCA, CPT
• Reason: Given the bulk and nature of goods, these terms allow for more control over transportation and costs.

• Common Incoterms: FOB, DAP
• Reason: These terms are favored for facilitating bulk shipments and allowing for better control over the shipping process.

• Common Incoterms: EXW, CIP
• Reason: These terms are preferred as they allow for flexibility in managing complex supply chains and ensuring the safe delivery of fragile goods.

Risks and Mitigations

While Incoterms provide a standardized understanding of shipping terms, it's essential to be aware of the potential risks, especially as a buyer. Here are some tips to mitigate these risks:

1. Understanding the Terms: Before agreeing to any term, ensure you fully understand the implications and responsibilities associated with it.
2. Insurance: Consider purchasing insurance to protect against potential damages or losses during transportation.
3. Expert Guidance: Seek advice from industry experts to make informed decisions.

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Handling Issues During Shipment

Despite meticulous planning, issues during shipment are not uncommon. Here's what you can do to address them:

1. Immediate Notification: Notify the concerned parties immediately to initiate the resolution process.
2. Documentation: Maintain detailed records of the transaction, including photographs of the goods, if possible.
3. Seek Legal Advice: In case of significant disputes, consider seeking legal advice to protect your interests.

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