THE
SELLER'S OBLIGATIONS |
THE
BUYER'S OBLIGATIONS |
A1 Provision of goods in conformity with
the contract The seller must provide the goods and the
commercial invoice, or its equivalent electronic message, in conformity with the contract
of sale and any other evidence of conformity which may be required by the contract. |
B1 Payment of the price The buyer must pay the price as provided in the contract of sale. |
A2 Licences, authorisations and
formalities The seller
must obtain at his own risk and expense any export licence or other official authorisation
and carry out, where applicable, all customs formalities necessary for the export of the
goods. |
B2 Licences, authorisations and
formalities The buyer
must obtain at his own risk and expense any import licence or other official authorisation
and carry out, where applicable, all customs formalities for the import of the goods and
for their transit through any country. |
A3 Contracts of carriage and insurance a) Contract of carriage The seller must contract on usual terms at his own
expense for the carriage of the goods to the named port of destination by the usual route
in a seagoing vessel (or inland waterway vessel as the case may be) of the type normally
used for the transport of goods of the contract description. b) Contract of insurance No
obligation. |
B3 Contracts of carriage and insurance a) Contract of carriage No obligation. b) Contract of insurance No obligation. |
A4 Delivery The
seller must deliver the goods on board the vessel at the port of shipment on the date or
within the agreed period. |
B4 Taking delivery The buyer must accept delivery of the goods when they have been delivered in
accordance with A4 and receive them from the carrier at the named port of destination. |
A5 Transfer of risks The seller must, subject to the provisions of B5, bear all risks of loss of or
damage to the goods until such time as they have passed the ship's rail at the port of
shipment. |
B5 Transfer of risks The buyer must bear all risks of loss of or damage to the goods from the time
they have passed the ship's rail at the port of shipment. The buyer must, should he fail
to give notice in accordance with B7, bear all risks of loss of or damage to the goods
from the agreed date or the expiry date of the period fixed for shipment provided,
however, that the goods have been duly appropriated to the contract, that is to say,
clearly set aside or otherwise identified as the contract goods. |
A6 Division of costs The seller must, subject to the provisions of B6, pay • all costs relating to
the goods until such time as they have been delivered in accordance with A4; and • the
freight and all other costs resulting from A3 a), including the costs of loading the goods
on board and any charges for unloading at the agreed port of discharge which were for the
seller's account under the contract of carriage; and • where applicable, the costs of
customs formalities necessary for export as well as all duties, taxes and other charges
payable upon export, and for their transit through any country if they were for the seller
s account under the contract of carriage. |
B6 Division of costs The buyer must, subject to the provisions of A3 a), pay • all costs relating to
the goods from the time they have been delivered in accordance with A4; and • all costs
and charges relating to the goods whilst in transit until their arrival at the port of
destination, unless such costs and charges were for the sellers account under the contract
of carriage: and • unloading costs including lighterage and wharfage charges, unless
such costs and charges were for the seller's account under the contract of carriage; and
• all additional costs incurred if he fails to give notice in accordance with B7, for
the goods from the agreed date or the expiry date of the period fixed for shipment,
provided, however, that the goods have been duly appropriated to the contract, that is to
say, clearly set aside or otherwise identified as the contract goods; and • where
applicable, all duties, taxes and other charges as well as the costs of carrying out
customs formalities payable upon import of the goods and, where necessary, for their
transit through any country unless included within the cost of the contract of carriage. |
A7 Notice to the buyer The seller must give the buyer sufficient notice that the goods have been
delivered in accordance with A4 as well as any other notice required in order to allow the
buyer to take measures which are normally necessary to enable him to take the goods. |
B7 Notice to the seller The buyer must, whenever he is entitled to determine the time for shipping the
goods and/or the port of destination, give the seller sufficient notice thereof. |
A8 Proof of delivery, transport document
or equivalent electronic message The seller must at his own
expense provide the buyer without delay with the usual transport document for the agreed
port of destination. This document (for example a negotiable bill of lading, a
non-negotiable sea waybill or an inland waterway document) must cover the contract goods,
be dated within the period agreed for shipment, enable the buyer to claim the goods from
the carrier at the port of destination and, unless otherwise agreed, enable the buyer to
sell the goods in transit by the transfer of the document to a subsequent buyer (the
negotiable bill of lading) or by notification to the carrier. When such a transport
document is issued in several originals, a full set of originals must be presented to the
buyer. Where the seller and the
buyer have agreed to communicate electronically, the document referred to in the preceding
paragraphs may be replaced by an equivalent electronic data interchange (EDI) message. |
B8 Proof of delivery, transport document
or equivalent electronic message The buyer must accept the
transport document in accordance with A8 if it is in conformity with the contract. |
A9 Checking - packaging - marking The seller must pay the costs of those checking operations (such as checking
quality, measuring, weighing, counting) which are necessary for the purpose of delivering
the goods in accordance with A4. The seller must provide at his own expense packaging
(unless it is usual for the particular trade to ship the goods of the contract description
unpacked) which is required for the transport of the goods arranged by him. Packaging is
to be marked appropriately. |
B9 Inspection of goods The buyer must pay the costs of any pre-shipment inspection except when such
inspection is mandated by the authorities of the country of export. |
A10 Other obligations The seller must render the buyer at the latter's request, risk and expense, every
assistance in obtaining any documents or equivalent electronic messages (other than those
mentioned in A8) issued or transmitted in the country of shipment and/or of origin which
the buyer may require for the import of the goods and, where necessary, for their transit
through any country. The seller must provide the buyer, upon request, with the necessary
information for procuring insurance. |
B10 Other obligations The buyer must pay all costs and charges incurred in obtaining the documents or
equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller
in rendering his assistance in accordance therewith. |