Introduction to Incoterms

Definition of Incoterms

Incoterms (International Commercial Terms) are a set of standardized rules that define the responsibilities of buyers and sellers in international trade. The International Chamber of Commerce (ICC) creates and publishes Incoterms to reduce any issues between traders, minimize risks of trade disputes or litigation, clarify responsibility, and help facilitate the process of international trade.

History and Evolution

Incoterms date back to the early 1900s. The ICC was first founded in Paris, France in 1919. In 1923 the ICC studied six commonly used commercial terms in 13 countries and published their research. The topics highlight disparities in interpretation. Next, in 1928 the ICC conducted another study to examine discrepancies in more than 30 countries. In 1936 the ICC published the first version of Incoterms. This includes the terms FAS, FOB, C&F, CIF, Ex Ship, and Ex Quay. Over the years, starting in 1953 and most recently in 2020, Incoterms were amended and updated to reflect any changes in trade practices.

Importance in International Trade

The Incoterms rules provide internationally accepted definitions and interpretations for common commercial terms. They are used to address concerns about the responsibility of carriage, cost, and risk, and to help prevent misunderstandings, disputes, and litigation.

Incoterms are recognized by UNCITRAL as the global standard for interpreting the most common terms in foreign trade. Over 140 countries accept Incoterms as the standard in commercial shipping.

 

Overview of Incoterms 2020

Key Changes from Previous Versions

The 2020 edition of Incoterms introduced several key updates, including a DPU clause, new insurance coverages, transport security expansion requirements, detailed port delivery costs, transport, and a more user-friendly presentation.

Categories of Incoterms

The four categories of Incoterms are E, F, C, and D.

  • E terms: The buyer can access the goods at the seller’s location, such as a warehouse. The only Incoterm in this category is EXW (Ex Works).
  • F terms: The seller delivers the goods to a carrier selected by the buyer. The Incoterms in this category are FCA (Free Carrier), FAS (Free Alongside Ship), and FOB (Free on Board).
  • C terms: The exporter arranges the shipping of the goods but isn’t responsible for damage. The Incoterms in this category are CFR (Cost and Freight), CIF (Cost, Insurance and Freight), CPT (Carriage Paid To), and CIP (Carriage and Insurance Paid To).
  • D terms: The seller is responsible for both cost and risk. The Incoterms in this category are DAP (Delivered at Place), DPU (Delivered at Place Unloaded), and DDP (Delivered Duty Paid).

Application, Scope, and Usage

Some Incoterms can be used for any kind of transportation, while other Incoterms apply strictly to transportation across water.

Detailed Analysis of Each Incoterm

EXW (Ex Works)

EXW (Ex Works) defines the responsibilities of a buyer and seller for international shipments. The seller makes sure the goods are packaged and labeled safely, and they are available for pick-up from the buyer. The buyer is responsible for all costs and risks associated with transporting goods to their final stop.

FCA (Free Carrier)

FCA (Free Carrier) is an Incoterms rule that lays out the responsibilities of a seller and buyer for delivering goods.

CPT (Carriage Paid To)

The term CPT (Carriage Paid To) means the seller is responsible for delivering goods to a carrier or other nominated party at their expense.

CIP (Carriage and Insurance Paid To)

CIP (Carriage and Insurance Paid To) is an Incoterm that governs how goods are transported and insured from a seller to a buyer.

DAP (Delivered at Place)

With DAP (Delivered at Place), the seller is responsible for all costs and risks associated with the delivery of the goods to the final agreed-upon place, usually the buyer’s premises.

DPU (Delivered at Place Unloaded)

Delivered at Place Unloaded (DPU) (formerly referred to as DAT for “Delivered at Terminal”) requires the seller to deliver the goods at the disposal of the buyer after they’ve been unloaded from the arriving means of transport.

DDP (Delivered Duty Paid)

Delivered Duty Paid (DDP) is a delivery agreement whereby the seller assumes all responsibility for transporting the goods until they reach an agreed-upon destination.

FAS (Free Alongside Ship)

FAS (Free Alongside Ship) applies solely to ocean or waterway transport. The seller is responsible for clearing the goods for export and placing them alongside the vessel at the named port of delivery.

FOB (Free on Board)

FOB (Free on Board) points out when a buyer or seller is responsible for transporting goods.

CFR (Cost and Freight)

CFR (Cost and Freight) applies to ocean or waterway transport, where the seller is responsible for the cost and arrangement of transporting goods to a specific destination port.

CIF (Cost, Insurance, and Freight)

CIF (Cost, Insurance, and Freight) is an international shipping agreement that defines the costs and responsibilities of buyers and sellers for goods transported by sea or inland waterway.

 

Practical Considerations for Businesses

Selecting the Right Incoterm

So, how do you select the right Incoterm for your business? There are several key considerations that you should remember. You should know your logistics capabilities and  what support you need. It is important to think about the level of risk you are willing to take.

Common Pitfalls to Avoid

When using Incoterms, it is important to avoid some common pitfalls in the logistics industry. Some common mistakes that can arise include misinterpreting the scope, incorrectly assigning responsibilities, misunderstanding risk transfer points, and more.

Impact on Insurance and Liability

Incoterms significantly impact insurance and liability for a few different reasons. They define the risk of loss or damage to goods transferred from the seller to the buyer in shipping. This way, you can determine the people responsible for the goods at each stage.

 

Conclusion

Recap of Key Points

Incoterms are rules and responsibilities published by the International Chamber of Commerce for international trade use. They are vital to keep logistics processes smooth and orderly. They are used to allocate costs, risks, and tasks for buyers and sellers.

Future of Incoterms in Global Trade

The next expected update to Incoterms will be in the year 2030, as they are typically updated every 10 years. We are excited to see what updates will be made to help streamline the process even more in international trade.

Syfan Logistics is one of the nation’s top 3PL providers and a trusted name in American transportation. To learn more about Syfan Logistics’ expertise, check out our News page or call 855.287.8485 if you are interested in working with us.