Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term E Ex factory - EXW

EXW(EX Works (...named place))
Franco factory ( ...place name)

The term "Ex works" means that the seller is deemed to have fulfilled his obligation to deliver when he places the goods at the disposal of the buyer at his premises or at another named place (for example: plant, factory, warehouse, etc.).

The seller is not responsible for loading the goods onto the vehicle, as well as for customs clearance of the goods for export.
The term thus imposes minimum obligations on the seller and the buyer must bear all costs and risks in connection with the transport of the goods from the seller's premises to the destination.

However, if the parties wish the seller to take over the responsibility for loading the goods at the place of dispatch and bear all the risks and costs of such loading, this should be clearly stated in the appropriate addendum to the contract of sale.

This term cannot be used when the buyer is unable to comply directly or indirectly with the export formalities. In this case, the term FCA should be used, provided that the seller agrees to bear the costs and risks for shipping the goods.

RESPONSIBILITIES OF THE SELLER

BUYER'S RESPONSIBILITIES

A.1. DELIVERY OF THE GOODS IN ACCORDANCE WITH THE CONTRACT

B.1. PAYMENT OF THE PRICE

The seller is obliged, in accordance with the sales contract, to provide the buyer with the goods, a commercial invoice or equivalent electronic message, as well as any other evidence of conformity that may be required under the terms of the sales contract.

The buyer is obliged to pay the price of the goods stipulated by the contract of sale.

A.2. LICENSES, CERTIFICATES AND FORMALITIES

B.2. LICENSES, CERTIFICATES AND FORMALITIES

The seller must, at the request of the buyer, at his expense and risk, give the latter, if required, full cooperation in obtaining any export license or other official document necessary for the export of the goods.

The buyer must obtain at his own risk and expense any export or import license or other official authorization and carry out, if required, all customs formalities for the export of the goods.

A.3. CONTRACTS OF CARRIAGE AND INSURANCE

B.3. CONTRACTS OF CARRIAGE AND INSURANCE

a) Contract of carriage
No commitment.
b) Insurance contract
No commitment.

a) Contract of carriage
No commitment.
b) Insurance contract
No commitment.

A.4. SUPPLY

B.4. ACCEPTANCE OF DELIVERY

The seller is obliged, on the agreed date or within the agreed period, to place the unshipped goods in any means of transport at the disposal of the buyer at the place of delivery named in the contract. In the absence of such indications in the contract, the seller is obliged to deliver at the usual place and time for the delivery of similar goods. If the parties have not agreed on a particular point at the named place of delivery, and if there is more than one such point, the seller may choose the point at the place of delivery that suits him best.

The buyer is obliged to take delivery of the goods as soon as the goods are placed at his disposal in accordance with Articles A.4 and A.7./B.7.

A.5. RISK TRANSFER

B.5. RISK TRANSFER

The seller must, subject to the provisions of Article B.5, bear all risks of loss or damage to the goods until they have been delivered in accordance with Article A.4.

The buyer must bear all risks of loss of or damage to the goods - from the moment when the goods are delivered to him in accordance with Article A.4., and - from the agreed date or the agreed period for taking delivery, which arise from his failure to comply with the obligation to give notice in accordance with Article B.7. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e. definitely isolated or otherwise identified as the goods that are the subject of this contract.

A.6. COST ALLOCATION

B.6. COST ALLOCATION

The seller is obliged, subject to the provisions of Article B.6. bear all costs associated with the goods until they have been delivered in accordance with Article A.4.

The buyer is obliged: - to bear all costs associated with the goods from the moment the goods are delivered to him in accordance with Article A.4., and - to bear all additional costs incurred as a result of, or failure to fulfill his obligation to accept the goods after it has been provided at his disposal, or he did not give proper notice in accordance with Article B.7. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e. definitely separated or otherwise identified as the goods that are the subject of this contract - to pay, if necessary, all duties, taxes and other fees, as well as the costs of customs formalities subject to payment for export. The buyer must reimburse all costs and fees incurred by the seller in providing assistance in accordance with article A.2.

A.7. NOTICE TO THE BUYER

B.7. NOTICE TO SELLER

The seller must notify the buyer sufficiently of the date and place when and where the goods will be placed at his disposal.

If the buyer is entitled to determine, within the agreed period, the date and/or place of acceptance of the goods, he must give the seller the necessary notice of this.

A.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

B.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

No commitment.

The buyer is obliged to send the seller appropriate evidence of acceptance of the delivery.

A.9. CHECK - PACKAGING - MARKING

B.9. GOODS INSPECTION

The seller is obliged to bear the costs associated with checking the goods (for example, checking the quality, dimensions, weight, quantity) necessary to place the goods at the disposal of the buyer. The seller is obliged to pay at his own expense the costs associated with the packaging necessary for the transport of the goods (except in cases where it is customary in this branch of trade to send the goods stipulated by the contract without packaging). The latter is carried out to the extent that the circumstances relating to the transport (eg means of transport, destination) were known to the seller before the conclusion of the contract of sale. The packaging must be properly labelled.

The buyer must bear, unless otherwise agreed, the costs associated with any pre-shipment inspection of the goods, including the costs of inspection required by the authorities of the country of export.

A.10. OTHER LIABILITIES

B.10. OTHER LIABILITIES

The seller is obliged, at the request of the buyer, to provide the latter, at his expense and risk, with full cooperation in obtaining any documents or equivalent electronic messages issued or used in the country of delivery and / or in the country of origin of the goods that the buyer may need for export and / or import goods or, if necessary, for their transit through third countries. The seller is obliged to provide the buyer, at his request, with all the information necessary for the implementation of insurance.

The buyer must bear all costs and fees associated with the receipt of documents or equivalent electronic messages, as provided in article A.10., and also reimburse the seller's expenses incurred by the latter as a result of assisting the buyer.

 

 
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