Information International rules and organizations Incoterms 2010 [iNKOTERMS 2010] DDP - Delivered Duty Paid - Delivered Duty Paid

DDP

INCOTERMS 2010

DELIVERED DUTY PAID [... named place of destination]
DELIVERY TAX PAID [... named place of destination]

This term can be used regardless of the chosen mode of transport, as well as when using more than one mode of transport.
"Delivered Duty Paid" means that the seller delivers when the goods are placed at the disposal of the buyer, cleared of customs duties required for importation, on the arriving means of transport, ready for unloading at the named place of destination. The seller bears all costs and risks involved in bringing the goods to the place of destination and is obliged to carry out the customs formalities necessary not only for export but also for import, pay any fees levied on export and import, and complete all customs formalities.
DDP places the maximum responsibility on the seller.
The parties are advised to specify the point at the agreed destination as precisely as possible, since the costs and risks up to this point are borne by the seller. The seller is advised to provide contracts of carriage that accurately reflect this choice. If the seller, under his contract of carriage, bears the costs of unloading at the agreed place of destination, the seller is not entitled to claim from the buyer the reimbursement of such costs, unless otherwise agreed by the parties.
Parties are advised not to use DDP if the seller, directly or indirectly, is unable to carry out customs formalities for import (import clearance).
If the parties wish to transfer to the buyer all the risks and costs of customs formalities for import, it is advisable to use the term DAP.
Any VAT or other taxes payable on import are at the expense of the seller, unless otherwise expressly agreed in the contract of sale.

RESPONSIBILITIES OF THE SELLER

BUYER'S RESPONSIBILITIES

A.1. General obligations of the seller

B.1. General obligations of the buyer

The seller is obliged, in accordance with the contract of sale, to provide the buyer with the goods, the commercial invoice, as well as any other evidence of compliance of the goods with the terms of the contract of sale, which may be required by the terms of the contract.
Any document referred to in paragraphs A1-A10 may be replaced by an equivalent electronic record or procedure if agreed by the parties or is customary.

The buyer is obliged to pay the price of the goods, as stipulated in the contract of sale.
Any document referred to in paragraphs B1-B10 may be replaced by an equivalent electronic record or procedure if agreed by the parties or is customary.

A.2. Licenses, permits, security controls and other formalities

B.2. Licenses, permits, security controls and other formalities

If required, the seller must obtain at his own expense and risk an export and import license or other official authorization and carry out all customs formalities necessary for the export of the goods, their transportation through any country and for the importation of the goods.

If required, the buyer must assist the seller, at his request, at his risk and expense, to obtain an import license or other official authorization 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, at his own expense, contract for the carriage of the goods to the named place of destination or to the agreed point (if any) at the agreed place of destination. If a particular point is not agreed upon or cannot be determined by practice, the seller may choose the most suitable point for his purposes at the agreed place of destination.
b) Insurance contract
The seller has no obligation to the buyer to conclude an insurance contract. However, the seller must provide the buyer, at his request, at his own risk and expense (if any), with the information necessary for the buyer to obtain insurance.

a) Contract of carriage
The buyer has no obligation to the seller to conclude a contract of carriage.
b) Insurance contract
The buyer has no obligation to the seller to conclude an insurance contract. However, the buyer is obliged to provide the seller, at his request, with the information necessary for concluding an insurance contract.

A.4. Supply

B.4. Delivery Acceptance

The seller must deliver the goods by placing them at the disposal of the buyer on an arriving means of transport, ready for unloading, at the agreed point, if any, at the named place of destination on the agreed date or period.

The buyer must take delivery of the goods when they have been delivered in accordance with A4.

A.5. Transfer of risk

B.5. Transfer of risk

The seller bears all risks of loss or damage to the goods until they have been delivered in accordance with paragraph A4, except for the risks of loss or damage in the circumstances specified in paragraph B5.

The buyer bears all risks of loss or damage to the goods
from the date of its delivery in accordance with paragraph A4.
If:
a) the buyer fails to fulfill his obligations in accordance with paragraph B2, he bears all the risks of loss of or damage to the goods associated with this; or
b) the buyer fails to provide notice in accordance with paragraph B7, he bears all risks of loss of or damage to the goods from the date agreed or from the date on which the agreed delivery period has expired,
provided that the goods have been explicitly individualized as the goods that are the subject of the contract.

A.6. Cost allocation

B.6. Cost allocation

The seller is obliged to pay:
a) in addition to the costs in A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than the costs payable by the buyer as provided in B6;
b) any costs of unloading at the place of destination which are charged under the contract of carriage to the seller;
c) if required, the costs associated with the execution of customs formalities necessary for export and import, with the payment of all duties, taxes and duties levied on the export and import of the goods, as well as the costs of transporting the goods through any country before delivery, as it provided for in paragraph A4.

The buyer is obliged to pay:
a) all costs relating to the goods from the time they are delivered, as provided for in paragraph A4;
(b) all costs of unloading necessary to take the goods from the arriving means of transport at the named place of destination, unless such costs are borne by the seller under the contract of carriage;
c) any additional costs incurred as a result of his failure to fulfill his obligations in accordance with paragraph B2 or his failure to provide notice in accordance with paragraph B7, provided that the goods were clearly individualized as the goods that are the subject of the contract.

A.7. Buyer Notices

B.7. Seller notices

The seller must give the buyer adequate notice enabling the buyer to take the steps normally necessary to enable him to take delivery of the goods.

Since the seller is entitled to determine the date within the agreed period and/or the point of acceptance of the goods at the named place of destination, he must give the seller due notice of this.

A.8. Delivery Document

B.8. Proof of delivery

The seller must, at his own expense, provide the buyer with a document enabling the buyer to take delivery of the goods as provided in paragraphs A4/B4.

The buyer must accept the proof of delivery issued in accordance with paragraph A8.

A.9. Inspection, packaging, labeling

B.9. Goods Inspection

The seller must bear all costs associated with the verification of the goods (quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with paragraph A4, as well as the costs of pre-shipment inspection of the goods, which is prescribed by the authorities of the country of export and import.
The seller is obliged at his own expense to ensure the packaging of the goods, except in cases where it is customary in the given branch of trade to ship the goods specified in the contract without packaging. The seller may pack the goods in such a way as is necessary for their carriage, unless the buyer notifies the seller of specific packaging requirements prior to the conclusion of the contract. The labeling of the packaged goods must be carried out properly.

The buyer is not obliged to reimburse the seller for the costs incurred by him for the mandatory inspection of the goods before shipment, which is carried out according to the instructions of the authorities of the country of export and import.

A.10. Assistance in obtaining information and related costs

B.10. Assistance in obtaining information and related costs

If required, the seller must promptly provide the buyer or assist the buyer in obtaining, at the buyer's request, at his risk and expense, documents and information, including security information, that the buyer may need to transport the goods to the final destination (if necessary ), - from the named destination.
The seller must reimburse the buyer for all costs and fees incurred by the buyer in obtaining or assisting in obtaining documents and information as provided in paragraph B10.

The buyer must notify the seller of the security information requirements in a timely manner so that the seller can act in accordance with paragraph A10.
The buyer must reimburse the seller for the costs and fees incurred by him in providing or facilitating the receipt of documents and information, as provided in paragraph A10.
If required, the buyer must promptly provide the seller or assist the seller in obtaining, at the seller's request, at his own risk and expense, any documents and information, including security information, that the seller may require for the transport, export and import of the goods and for his transportation through any country.

 
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