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CARRIAGE PAID TO (...named Place of Destination)
"Delivered at Frontier" means that the seller delivers when the goods
are placed at the disposal of the buyer on the arriving means of
transport not unloaded, cleared for export, but not cleared for import
at the named point and place at the frontier, but before the customs
border of the adjoining country. The term "frontier" may be used for
any frontier including that of the country of export. Therefore, it is
of vital importance that the frontier in question be defined precisely
by always naming the point and place in the term.
However, if the parties wish the seller to be responsible for the
unloading of the goods from the arriving means of transport and to bear
the risks and costs of unloading, this should be made clear by adding
explicit wording to this effect in the contract of sale.
This term may be used irrespective of the mode of transport when goods
are to be delivered at a land frontier. When delivery is to take place
in the port of destination, on board a vessel or on the quay (wharf),
the DES or DEQ terms should be used.
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| S |
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THE SELLER'S OBLIGATIONS |
| S1 |
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Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its
equivalent electronic message, in conformity with the contract of sale
and any other evidence of conformity which may be required by the
contract.
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| S2 |
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Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or
other official authorization or other document necessary for placing
the goods at the buyer's disposal.
The seller must carry out, where applicable, all customs formalities
necessary for the export of the goods to the named place of delivery at
the frontier and for their transit through any country.
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| S3 |
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Contracts of carriage and insurance
a) Contract of carriage
i) The seller must contract at his own expense for the carriage of the
goods to the named point, if any, at the place of delivery at the
frontier. If a point at the named place of delivery at the frontier is
not agreed or is not determined by practice, the seller may select the
point at the named place of delivery which best suits his purpose.
ii) However, if requested by the buyer, the seller may agree to contract
on usual terms at the buyer's risk and expense for the on-going
carriage of the goods beyond the named place at the frontier to final
destination in the country of import named by the buyer. The seller may
decline to make the contract and, if he does, shall promptly notify the
buyer accordingly.
b) Contract of insurance
No obligation
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| S4 |
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Delivery
The seller must place the goods at the disposal of the buyer on the
arriving means of transport not unloaded at the named place of delivery
at the frontier on the date or within the agreed period.
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| S5 |
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Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss
of or damege to the goods until such time as they have been delivered
in accordance with A4.
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| S6 |
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Division of costs
The seller must, subject to the provisions of B6, pay
? in addition to the costs resulting from S3 a), all costs relating to
the goods until such time as they have been delivered in accordance with
S4; and
? where applicable, the costs of customs formalities necessary for
export as well as all duties, taxes or other charges payable upon export
of the goods and for their transit through any country prior to
delivery in accordance with S4.
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| S7 |
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Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the
goods to the named place at the frontier as well as any other notice
required in order to allow the buyer to take measures which are normally
necessary to enable him to take delivery of the goods.
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| S8 |
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Proof of delivery, transport document or equivalent electronic message
i) The seller must provide the buyer at the seller's expense with the
usual document or other evidence of the delivery of the goods at the
named place at the frontier in accordance with S3 a) i).
ii) The seller must, should the parties agree on on-going carriage
beyond the frontier in accordance with S3 a) ii), provide the buyer at
the latter's request, risk and expense, with the through document of
transport normally obtained in the country of dispatch covering on usual
terms the transport of the goods from the point of dispatch in that
country to the place of final destination in the country of import named
by the buyer.
Where the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding paragraph may
be replaced by an equivalent elecronic data interchange (EDI) message.
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| S9 |
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Checking - packaging - marking
The seller must pay the costs of those checking operations (such as
checking quality, measuring, weighing, counting) which are necessary for
the purpose of delivering the goods in accordance with S4.
The seller must provide at his own expense packaging (unless it is
agreed or usual for the particular trade to delivery the goods of the
contract description unpacked) which is required for the delivery of the
goods at the frontier and for the subsequent transport to the extent
that the circumstances (for example modalities, destination) are made
known to the seller before the contract of sale is concluded. Packaging
is to be marked appropriately.
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| S10 |
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Other obligations
The seller must render the buyer at the latter's request, risk and
expense, every assistance in obtaining any documents or equivalent
electronic messages (other than those mentioned in S8) issued or
transmitted in the country of dispatch and/or origin which the buyer may
require for the import of the goods and, where necessary, for their
transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance.
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| B |
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THE BUYER'S OBLIGATIONS |
| B1 |
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Payment of the price
The buyer must pay the price as provided in the contract of sale.
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| B2 |
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Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or
other official authorization or other documents and carry out, where
applicable, all customs formalities necessary for the import of the
goods, and for their subsequent transport.
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| B3 |
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Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation
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| B4 |
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Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with S4.
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| B5 |
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Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with S4.
The buyer must, should he fail to give notice in accordance with B7,
bear all risks of loss of or damage to the goods from the agreed date or
the expiry date of the agreed period for delivery provided, however,
that the goods have been duly appropriated to the contract, that is to
say, clearly set aside or otherwise identified as the contract goods.
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| B6 |
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Division of costs
The buyer must pay
? all costs relating to the goods from the time they have been delivered
in accordance with S4, including the expenses of unloading necessary to
take delivery of the goods from the arriving means of transport at the
named place of delivery at the frontier;and
? all additional costs incurred if he fails to take delivery of the
goods when they have been delivered inaccordance with S4, or to give
notice in accordance with B7, provided, however, that the goods have
been appropriated to the contract, that is to say, clearly set aside or
otherwise identified as the contract goods; and
? where applicable, the cost of customs formalities as well as all
duties, taxes and other charges payable upon import of the goods and for
their subsequent transport.
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| B7 |
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Notice to the seller
The buyer must, whenever he is entitled to determine the time within an
agreed period and/or the point of taking delivery at the named place,
give the seller sufficient notice thereof.
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| B8 |
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Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document and/or other evidence of delivery in accordance with S8.
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| B9 |
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Inspection of goods
The buyer must pay the costs of any pre-shipment inspection except when
such inspection is mandated by the authorities of the country of export.
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| B10 |
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Other obligations
The buyer must pay all costs and charges incurred in obtaining the
documents or equivalent electronic messages mentioned in S10 and
reimburse those incurred by the seller in rendering his assistance in
accordance therewith.
If necessary, according to S3 a) ii), the buyer must provide the seller
at his request and the buyer's risk and expense with the exchange
control authorization, permits, other documents or certified copies
thereof, or with the address of the final destination of the goods in
the country of import for the purpose of obtaining the through document
of transport or any other document contemplated in S8 ii). |
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