What you should know about the current Incoterms
- Incoterms are only legal where they are properly agreed.
- To amend them endangers the legal security.
- The clauses are exclusively suitable for the B2B business.
- The new Incoterms can also be used for international trade.
- Incoterms 2000 and older retain their validity; the information of the respected used version is therefore recommended.
- For container shipping the use of ICC and FCA instead of FAS and FOB as well as CPT and CIP instead of CFR and CIF is recommended.
- Instead of delivering DDP, it is recommended that the sender delivers DAP or DAT with the addition of “including import clearance” or “excluding import clearance”: DDP presents a maximum obligation for the sender, this means that they bare all costs and risk until the place of destination for the goods and undertake to bare this for the import and export, to pay all taxes for this and to take care of all of the customs formalities. With the post “import clearance” they shall only bare the customs clearance costs, which are due for clearance during delivery DAP or DAT at the border.
- It is recommended for both the recipient and the sender to use FCA, designated place, in place of EXW:
FCA protects the recipient of the goods from organizing loading themselves and from having to generate the export documentation; it also offers better protection in the event of damage that occurs during the course of loading.
The sender also profits from the clearer regulation with regard to liability, costs and scope of the tasks.