Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term D Duty free delivery - DDU

DDU(Delivered Duty Unpaid (... named place of destination))
Delivery free of duty (... named place of destination)

The term "Delivered Duty Free" means that the seller delivers the goods, uncleared and unloaded from the arriving means of transport, at the disposal of the buyer at the named place of destination. The seller must bear all costs and risks associated with transporting the goods to this place, with the exception (if necessary) of any fees collected for importation in the country of destination (the word "fees" here means the responsibility and risks for carrying out customs clearance, as well as for payment of customs formalities, customs duties, taxes and other fees). Such fees must be the responsibility of the buyer, as well as other costs and risks incurred due to the fact that he was unable to clear customs for import in time.
However, if the parties wish the seller to bear the risks and costs of customs clearance, as well as part of the costs of importing the goods, then this should be clearly stated in the appropriate addendum to the contract of sale.
Responsibility, risks and costs for unloading and reloading the goods depend on who controls the chosen place of delivery.
This term can be used regardless of the mode of transport, but when the delivery is made on board a ship or at a quay in the port of destination, 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 or other documents and carry out, if necessary, all customs formalities for the export of the goods and for their transit through third countries.

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

A.3. CONTRACTS OF CARRIAGE AND INSURANCE

B.3. CONTRACTS OF CARRIAGE AND INSURANCE

a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named place of destination. Unless a special point is agreed or determined by the practice of such deliveries, the seller may choose the most suitable point for him at the named place of destination.
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 must place the goods at the disposal of the buyer or another person named by the buyer, unshipped, on any arriving means of transport at the named place of destination on or within the date agreed for delivery.

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 to deliver the goods subject to the provisions of Article B.5. and 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 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 obligations in accordance with Article B.2. - bear all additional risks of loss and damage thus caused to the goods. 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 of the agreed delivery time. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, that is, 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 connected with the goods until the moment when they are delivered in accordance with article A.4., and - if required, pay all costs associated with the implementation of customs formalities for export, as well as other duties, taxes and other charges payable on export of the goods and their transit through third countries prior to delivery in accordance with Article A.4.

The buyer is obliged to: - bear all costs associated with the goods from the moment of its delivery in accordance with article A.4. - bear all additional expenses if he fails to fulfill his obligations in accordance with Article B.2. or if he fails to fulfill his 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 separated or otherwise identified as the goods that are the subject of this contract, and - pay, if necessary, all duties, taxes and other costs, as well as the costs of customs formalities payable upon import of the goods.

A.7. NOTICE TO THE BUYER

B.7. NOTICE TO SELLER

The seller must give the buyer sufficient notice of the dispatch of the goods, as well as give the buyer such other notice as may be necessary for the buyer to take the usual steps necessary to take delivery of the goods.

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

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

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

The seller must provide the buyer, at his own expense, with a delivery order and/or the usual transport document (e.g., negotiable bill of lading, non-negotiable sea waybill, proof of inland waterway transport, air waybill, rail or road waybill, or multimodal transport waybill) that may be required to the buyer to take delivery of the goods in accordance with Articles A.4./B.4. In the event that the seller and the buyer have agreed to use the means of electronic communication, the documents mentioned above may be replaced by equivalent electronic messages (EDI).

The buyer must accept the required delivery order or transport document 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 (for example, checking the quality, dimensions, weight, quantity) necessary for the delivery of the goods in accordance with Article A.4. The seller must, at his own expense, provide the packaging (unless it is customary in the trade in question to deliver the contracted goods without packaging) necessary for the delivery of the goods. 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 to import the goods. The seller is obliged to provide the buyer 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 his assistance to the buyer.

 
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