Décryptage des termes commerciaux : Guide complet des termes commerciaux internationaux (Incoterms)

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Navigating the complex landscape of international trade requires a firm understanding of the various trade terms, commonly referred to as Incoterms (International Commercial Terms). These terms are standardized definitions set by the International Chamber of Commerce (ICC) to facilitate global trade by clarifying the responsibilities of buyers and sellers in the transactions of goods. Here’s an explanation of some of the most commonly used trade terms:

1. EXW (Ex Works)

Ex Works means that the seller delivers when they place the goods at the disposal of the buyer at the seller’s premises or another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.

2. FOB (Free On Board)

Free On Board indicates that the seller must load the goods on board the ship nominated by the buyer, cost and risk being divided at ship’s rail. The seller must clear the goods for export. This term can only be used for sea or inland waterway transport.

3. CIF (Cost, Insurance, and Freight)

Cost, Insurance, and Freight means that the seller delivers the goods on board the ship or procures the goods already so delivered. The risk of loss of or damage to the goods passes when the goods are on board the ship, and the seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination. The seller also procures marine insurance against the buyer’s risk of loss of or damage to the goods during the carriage.

4. DAP (Delivered At Place)

Delivered At Place means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the specified place.

5. DDP (Delivered Duty Paid)

Delivered Duty Paid means that the seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.

6. FCA (Free Carrier)

Free Carrier specifies that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. It is important to note that the chosen place of delivery affects the obligations of loading and unloading the goods at that place. If delivery occurs at the seller’s premises, the seller is responsible for loading. If it occurs at any other place, the seller is not responsible for unloading.

Understanding these terms helps parties involved in international trade to clearly define their responsibilities, reducing the risk of legal complications and ensuring smoother transaction processes. These terms are periodically updated and refined by the ICC to accommodate changes in global trade practices. For a more detailed overview and updates, it’s advisable to refer directly to the International Chamber of Commerce’s guidelines on Incoterms.

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