International Trade Terms are Renewed: Incoterms 2010

1. Purpose and Scope of Incoterms

a) Purpose
The purpose of Incoterms is, as stated by ICC to provide a set of international rules for the
interpretation of the most commonly used trade terms in foreign trade. Thus, the uncertainties
of different interpretations of such terms in different countries can be avoided or at least
reduced to a considerable degree.
Since international sales contracts are generally realized between the non-present parties from
different nationalities, it is very important how the parties interpret the terms and the
abbreviations commonly used in foreign trade. y this regulation of Incoterms, at least the
confusions and the differences of interpretation will be overcome and the conflicts arising out
of international trade will be reduced.
b) Scope
The scope of the Incoterms is limited to the rights and obligations of the parties! arising from
the delivery of the sale of goods. Incoterms do not define the goods, but the goods should be
understood as commodities.
Incoterms do not regulate any contract other than sale contract. "owever, even in a sale
contract, Incoterms do not cover all the contractual aspects. The topics that Incoterms govern
can be gathered under four groups# $i% the delivery of goods, $ii% transfer of ris&s, $iii% division
of costs, and $iv% obligations concerning the documents. Incoterms do not provide rules for
the $i% payment and payment methods, $ii% transfer of ownership, $iii% variants, $iv% dispute
resolution and $v% other issues relating to fulfilment of the contract.
2. Incoterms 2010
a) Need for Changes
It is stated under the 'oreword of Incoterms( )*+*, since the creation of the Incoterms(
rules by ICC in +,-., this globally accepted contractual standard has been regularly updated
to &eep pace with the development of international trade.
It is also stated that the continued spread of customs-free zones, the increased use of
electronic communications in business transactions, the heightened concern about security in
the movement of goods and changes in transport practices re/uired the ICC to revise the
Incoterms( )***.
0oreover, the urge of the traders to commonly use Incoterms rules for purely domestic sale
contracts within the boundaries of countries or trade bloc&s li&e 12 and the greater
willingness in the 2nited States to use Incoterms rules in domestic trade rather than the
former 2niform Commercial Code shipment and delivery terms also motivated ICC to revise
Incoterms in a way that would enable the trade terms to be used also on domestic basis in
addition to its previous use on international basis.
b) Main Noveties
i) Ne! Incoterms "ues
'irst of all, the number of Incoterm rules has been reduced to ++ from +-.
Two new rules that may be used irrespective of the agreed mode of transport being namely $+%
34T $3elivered at Terminal% and $)% 345 $3elivered at 5lace% replace the Incoterms )***
rules 34', 31S, 316 and 332. oth of the new rules provide for delivery to occur at a
named destination. In 34T, the delivery occurs at the buyer!s disposal unloaded from the
arriving vehicle. In 345, it occurs at the buyer!s disposal, ready for unloading. These new
rules, li&e their predecessors, are delivered7, with the seller bearing all the costs, other than
those related to import clearance, where applicable, and ris&s involved in bringing the goods
to the named place of destination.
ii) Cassification of Incoterms
2nder the previous version of +,,* and )*** of Incoterms, the rules were classified under
four groups as8
17 9roup consisting of 1: ;or&s# 1<;7,
'7 9roup consisting of 'C4, '4S and '=7,
C7 9roup consisting of C'>, CI', C5T and CI57, and
37 9roup consisting of 34', 31S, 316, 332 and 3357.
Incoterms( )*+* prefers a completely different distinction and a classification system based
on modes of transport each Incoterms could be used for. 2nder the new classification, there
are two groups as8
9roup +# >ules for any mode or modes of transport consisting of 1<;, 'C4, C5T, CI5,
34T, 345 and 3358 and
9roup )# >ules for sea and inland waterway transport consisting of '4S, '=, C'> and
CI'.
The first group includes the seven Incoterms( )*+* rules that can be used irrespective of the
mode of transport selected and irrespective of whether one or more than one mode of
transport is employed.
In the second group, the point of delivery and the place to which the goods are carried to the
buyer are both ports. 2nder '=, C'> and CI' all mention of the ship!s rail as the point of
delivery in the previous versions of Incoterms has been omitted in preference for the goods
being delivered when they are on board7 of the vessel. ICC states that this approach more
closely reflects modern commercial reality and avoids the rather outdated image of the ris&
swinging to and across an imaginary perpendicular line.
iii) #ectronic Communication
Incoterms( )*+* grant electronic means of communication the same effect as paper
communication, as long as the parties so agree or where customary under 4rticles 4+?+ of
each Incoterm. It is emphasized by ICC that this formulation facilitates the evolution of new
electronic procedures throughout the lifetime of the Incoterms( )*+* rules.
iv) Insurance Cover
There are only two terms which provide an insurance obligation for the parties. CI5 and CI'
refer to Institute Cargo Clauses as to the coverage of the insurance. Institute Cargo Clauses
were sub@ect to a revision which started on )**. and finalized on )**,. The Incoterms( )*+*
rules ta&e account of the Institute Cargo Clauses )**,.
The Incoterms( )*+* rules provide for information duties relating to insurance in articles
4-?-, which deal with contracts of carriage and insurance.
v) Securit$ reated cearances
ICC paid attention to the heightened concern about security in the movement of goods,
re/uiring verification that the goods do not pose a threat to life or property for reasons other
than their inherent nature in the new version of Incoterms(.)*+*
i
. Therefore, ICC have
allocated obligations between the buyer and seller to obtain or to render assistance in
obtaining security-related clearances, such as chain-of-custody information, in articles 4)?)
and 4+*?+* of various Incoterms rules.
vi) %ermina &anding Charges
The Incoterms( )*+* rules see& to avoid multiple payments of terminal handling charges by
the buyer. 2nder Incoterms )*** C5T, CI5, C'>, CI', 34T, 345, and 335, the seller must
ma&e arrangements for the carriage of the goods to the agreed destination. ;hile the freight is
paid by the seller, it is actually paid for by the buyer as freight costs are normally included by
the seller in the total selling price.
The carriage costs will sometimes include the costs of handling and moving the goods within
port or container terminal facilities and the carrier or terminal operator may well charge these
costs to the buyer who receives the goods.
In these circumstances, the buyer would want to avoid paying for the same service twice#
once to the seller as part of the total selling price and once independently to the carrier or the
terminal operator. The Incoterms( )*+* clearly allocate terminal handling costs in articles
4.?. of the relevant Incoterms rules.
vii) String Saes
3uring the sale of commodities, goods in sub@ect are fre/uently sold several times during
transit down a string7. ICC notes that a seller in the middle of the string does not ship7 the
goods because these have already been shipped by the first seller in the string
ii
. The seller in
the middle of the string therefore performs its obligations towards its buyer not by shipping
the goods, but by procuring7 goods that have been shipped.
Incoterms( )*+* rules includes the obligation to procure goods shipped7 as an alternative to
the obligation to ship goods in the relevant Incoterms rules.
c. Significant issues that must be ta'en into consideration !hen using Incoterms 2010
Aot only uniform interpretation of Incoterms is significant but also being well informed about
Incoterms in order to be able to choose the appropriate Incoterm rules convenient for the
particular transaction between them is rather important for the parties. Therefore, while
incorporating the Incoterms )*+* rules into their contract, parties must carefully read the rules
and the guidelines that are placed before each Incoterm. The mentioned guidelines e:plain the
fundamentals of each Incoterm rule and try to assist the users to accurately and efficiently
choose the appropriate Incoterm rule for that particular transaction.
It is also very important to specify the place or port as precisely as possible in order for
chosen Incoterm rule to be able to wor& and to avoid the parties to face une:pected duties to
be borne on them.
4s a last remar&, as stated under Section II $% $+% $b% above, Incoterm rules do not regulate
every aspect of a commercial relationship and do not give the parties a complete contract of
sale. Therefore, parties should deal with through e:press terms in the contract of sale or in the
law governing that contract as to issues not covered by Incoterms.
The parties should also be aware that mandatory local law may override any aspect of the sale
contract, including the chosen Incoterms rule.
Incoterms( )*+* >ules have been launched on September )*+* and will enter into force
officially on +st Banuary )*++. 2ntil the entry in force of Incoterms( )*+*, the parties are
free to use either Incoterms )*** or Incoterms( )*+*. 4fter +st Banuary )*++, unless
otherwise stated by the parties, all references to Incoterms rules will be deemed to be made to
Incoterms( )*+*. 4s any new version of Incoterms does not cancel the old versions, it is
recommended to the parties to clearly set forth in their contract to which version of the
Incoterms rules they refer to.
(. Concusion
The new provisions of Incoterms( )*+* rules reflect the current developments and novelties
in the business life. 1ven if Incoterms( )*+* does not change the presentation of the rules, it
ma&es an important reform by replacing the 34', 31S, 316 and 332 rules which are less
used and lost their importance by the new 34T and 345 rules. 0oreover, the fact that the
Incoterms( )*+* rules provide e:plicitly that the rules may be used not only for international
trade but also for domestic trade will considerably enlarge their scope of application.
i
Incoterms )*+*, p. C.
ii
Incoterms )*+*, p. ,.