Incoterms were created by the International Chamber of Commerce (ICC) to help regulate the terms of international trade contracts. Although Incoterms are not mandatory, the use of Incoterms in international trade is very common, as it is a simple way to regulate the responsibilities of the buyer and seller. Learn which Incoterms to use and how to choose the right Incoterm for your contract with our helpful guide.
The most important factor for choosing the right Incoterm is knowing and understanding each term fully. You can read our dedicated pages for all 11 Incoterms for detailed information on the use of each Incoterm in international trade.
Incoterms can be divided into sea freight and multimodal freight Incoterms, as well as into 4 main groups based on their main features:
The buyer holds almost all responsibility and must cover transport and insurance costs.
Before deciding which Incoterms to use, buyers and sellers have to define their needs and be prepared to agree. Many factors may influence which Incoterms to use for your cargo, either as a seller or a buyer:
When thinking about how to choose Incoterms for export and import, consider the way your goods will be shipped and how they will be handled, loaded and unloaded in transport. For example, bulk and containerised goods are handled differently, and some Incoterms might not be suitable for handling unpacked bulk goods. Also, if you are shipping technology or manufactured goods, you might want to select an Incoterm that includes insurance, such as CIF.
Depending on the party’s experience in international trade, they might have more bargaining power and expertise for negotiating freight quotes or even have an established partnership with a carrier that allows them to always obtain the best freight quotes. If you as a buyer do not have a strong relationship with a carrier or freight company, it might be harder for you to get a good quote, which will indicate which Incoterms to use. You might consider using Incoterms that make the seller arrange the transport, such as CIP, DDP or DAP.
Buyers with a lot of experience in international trade and familiarity with export processes in the country of origin may prefer an Incoterm that indicates they have to carry out all export and import procedures, such as EXW. If a buyer does not want to deal with the export procedures in a foreign country, they may want to choose an Incoterm where the seller carries out the export paperwork, such as the DDP (Delivery Duty Paid).
Budget is a key factor in the use of incoterms in international trade. Buyers can choose to have the seller organise all paperwork and cover all freight and clearance charges, so they are sure that the price they are invoiced is final. For example, when choosing the DDP, the final price includes all merchandise costs, export and import clearance, insurance and freight charges. The price will be higher than under other Incoterms, such as the EXW, but there will be no extra charges, and it might be easier to budget for a company without a lot of experience.
Once you are familiar with the uses of Incoterms and have agreed with the other party on which Incoterms to use, you are ready to include them in your trade contract. Please remember that even though Incoterms are not laws, they are legally binding, and a court will consider their obligations if there should be any problems.
Be sure you understand your responsibilities and the situations in which either party carries the risk of the cargo.
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