Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term D Delivery to the border - DAF

DAF(Delivered At Frontier (...named place))
Delivery to the border (... named place of delivery)

The term "delivery to frontier" means that the seller has delivered when he has made the unloaded goods cleared for export but not yet for import on the arriving means of transport at the disposal of the buyer at the named point or place at the frontier before the goods reach the customs frontier neighboring country. The term "border" means any border, including the border of the country of export. Therefore, it is very important to accurately define the boundary by pointing to a specific point or place.
However, if the parties wish the seller to assume the responsibility for unloading the goods from the arriving means of transport and bear all the risks and costs of such unloading, then this should be clearly stated in the relevant addendum to the contract of sale.
This term can be used for the carriage of goods by any mode of transport, when the goods are delivered to the land border.
If the delivery will take place at the port of destination, on board the ship or at the quay, then the terms DES or DEQ should be used.

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 obtain at his own expense and risk any export license or other official authorization required to place the goods at the buyer's disposal. The seller must carry out, if required, all customs formalities for the export of the goods to the named place of delivery at the frontier and for their transit through third countries.

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

A.3. CONTRACTS OF CARRIAGE AND INSURANCE

B.3. CONTRACTS OF CARRIAGE AND INSURANCE

a) Contract of carriage
(i) The seller must contract at his own expense under normal conditions for the delivery of the goods to the named place, if such exists at the place of delivery at the frontier. If such a point at the named place of delivery at the frontier is not agreed or determined by the practice of such deliveries, the seller may choose the point at the named place of delivery which suits him best.
(ii) The seller may, however, at the request of the buyer at his own risk and expense, contract on ordinary terms for the subsequent transport of the goods from a named place at the frontier to a final destination named by the buyer in the country of importation. The seller may also refuse to conclude such an agreement, in which case he is obliged to notify the buyer of this in due course.
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 to place the unshipped goods at the disposal of the buyer on the arriving means of transport at the named place of delivery at the frontier on the agreed date or time.

The buyer is obliged to take delivery of the goods when it has been made in accordance with Article A.4.

A.5. RISK TRANSFER

B.5. RISK TRANSFER

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

The buyer must bear all risks of loss or damage to the goods from the moment of delivery in accordance with article A.4. The buyer is obliged - if he fails to fulfill his obligation to give a notice in accordance with Article B.7. - bear all risks of loss or damage to the goods from the expiration of the agreed date or the end date of the agreed delivery date. 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 must, subject to the provisions of article B.6.: - in addition to the costs arising from article A.3a) - bear all costs associated with the goods until the moment when they are delivered in accordance with article A.4., and - if it will be required - to pay all costs associated with the implementation of customs formalities, as well as other duties, taxes and other charges payable when the goods are exported and transited through third countries prior to delivery in accordance with Article A.4.

The buyer must: - bear all costs associated with the goods from the moment of their delivery in accordance with Article A.4., including the costs of unloading the goods necessary to take delivery of the goods from the means of transport at the named place at the frontier, and - bear all additional expenses incurred as a result of his failure to fulfill the obligation to accept the goods after their delivery in accordance with Article A.4., or to give a message 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, and - pay, if necessary, all duties, taxes and other fees, as well as the costs of customs formalities payable upon import of the goods and, if necessary, for their subsequent transportation.

A.7. NOTICE TO THE BUYER

B.7. NOTICE TO SELLER

The seller must give the buyer sufficient notice that the goods have been dispatched to the named place at the frontier and must give the buyer any other notice required for him to take delivery.

The buyer is obliged, if he is able to determine the time within the stipulated time and / or the point of taking delivery at the named place, to give due notice to the seller.

A.8. PROOF OF DELIVERY, TRANSPORT DOCUMENTS OR EQUIVALENT ELECTRONIC MESSAGES

B.8. PROOF OF DELIVERY, TRANSPORT DOCUMENTS OR EQUIVALENT ELECTRONIC MESSAGES

i) The seller must at his own expense furnish the buyer with an ordinary document or other proof of delivery of the goods at the named place at the frontier in accordance with A.3.a) i). ii) The seller must - if the parties have agreed on the onward transport of the goods from the named place at the frontier in accordance with Article A.3a) ii) - provide the buyer at his expense and risk with a transit transport document normally obtained in the country of dispatch for the carriage of the goods on conventional conditions from the point of departure in the country of export to the final destination specified by the buyer in the country of import. In the event that the seller and the buyer have agreed on the use of electronic communication means, the documents mentioned above may be replaced by equivalent electronic messages (EDI).

The buyer must accept the transport document and/or other proof of delivery in accordance with article A.8.

A.9. CHECK - PACKAGING - MARKING

B.9. GOODS INSPECTION

The seller must bear the costs associated with the verification of the goods (eg quality, dimensions, weight, quantity) necessary for the delivery of the goods in accordance with Article A.4. The seller is obliged at his own expense to provide the packaging (unless it is agreed or customary in the trade concerned to deliver the contracted goods without packaging) necessary for the transport of the goods to the frontier which he arranges. Packing is carried out to the extent that the circumstances relating to transport (methods of transport, destination) are known to the seller before the conclusion of the sales contract. The packaging must be properly labelled.

The buyer is obliged to bear the costs associated with the pre-shipment inspection of the goods, unless such inspection is 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 (other than those mentioned in article A.8.) issued or used in the country of dispatch and / or in the country of origin of the goods, which may be required by the buyer for the importation of the goods, or, if necessary, for their transit through third countries. The seller is obliged to provide the buyer with all the information necessary for the implementation of additional 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 his assistance to the buyer. If necessary, in accordance with Article A.3a) ii) provide the seller, at his request, but at the expense and risk of the buyer, the currency decision, other authorizations and documents or certified copies thereof, as well as the address of the final destination of the goods in the country of import to obtain a transit transport document or any other document referred to in Article A.8. ii).

 
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