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«Ex works» means that the seller delivers when he places the goods at
the disposal of the buyer at the seller's premises or another named
place (i.e. works, factory, warehouse, etc.) not cleared for export and
not loaded on any collecting vehicle.
This term thus represents the minimum
obligation for the seller, and the buyer has to bear all costs and
risks involved in taking the goods from the seller's premises However,
if the parties wish the seller to be responsible for the loading of the
goods on departure and to bear the risks and all the costs of such
loading, this should be made clear by adding explicit wording to this
effect in the contract of sale (Refer to Introduction paragraph 11.)
.This term should not be used when the buyer cannot carry out the
export formalities directly or indirectly. In such circumstances, the FCA term should be used, provided the seller agrees that he will load at his cost and risk.
| A. THE SELLER'S OBLIGATIONS |
B. THE BUYER'S OBLIGATIONS |
A1 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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B1 Payment of the price
The buyer must pay the price as provided in the contract of sale. |
A2 Licences, authorisations and formalities
The
seller must render the buyer, at the latter's request, risk and
expense, every assistance in obtaining, where applicable, (Refer to
Introduction paragraph 14.), any export licence or other official
authorisation necessary for the export of the goods. |
B2 Licences, authorisations and formalities
The buyer must obtain at his own risk and expense any export and import
licence or other official authorisation and carry out, where applicable
(Refer to Introduction paragraph 14.) , all customs formalities for the
export of the goods. |
A3 Contracts of carriage and insurance
À) Contract of carriage
No obligation(Refer to Introduction paragraph 10).
b) Contract of insurance
No obligation(Refer to Introduction paragraph 10)
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B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation(Refer to Introduction paragraph 10).
b) Contract of insurance
No obligation(Refer to Introduction paragraph 10).
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A4 Delivery
The seller must place the goods at the disposal of the buyer at the
named place of delivery, not loaded on any collecting vehicle, on the
date or within the period agreed or, if no such time is agreed, at the
usual time for delivery of such goods. If no specific point has been
agreed within the named place, and if there are several points
available, the seller may select the point at the place of delivery
which best suits his purpose. |
B4 Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with A4 and A7/B7.
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A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of
loss of or damage to the goods until such time as they have been
delivered in accordance with A4. |
B5 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 A4;and
• from the agreed date or the expiry date of any period fixed for
taking delivery which arise because he fails to give notice in
accordance with B7, 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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A6 Division of costs
The seller must, subject to the provisions of B6, pay all costs
relating to the goods until such time as they have been delivered in
accordance with A4. 4. |
B6 Division of costs
The buyer must pay
• all costs relating to the goods from the time they have been delivered in accordance with A4; and
• any additional costs incurred by failing either to take delivery of
the goods when they have been placed at his disposal, or to give
appropriate notice in accordance with B7 provided, however, that the
goods have been duly appropriated to the contract, that is to sa, y,
clearly set aside or otherwise identified as the contract goods; and
• where applicable (Refer to Introduction paragraph 10), all duties,
taxes and other charges as well as the costs of carrying out customs
formalities payable upon export.
The buyer must reimburse all costs and charges incurred by the seller in rendering assistance in accordance with A2.
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A7 Notice to the buyer
The seller must give the buyer sufficient notice as to when and where the goods will be placed at his disposal.
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B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an
agreed period and/or the place of taking delivery, give the seller
sufficient notice thereof. |
A8 Proof of delivery, transport document or equivalent electronic message
No obligation (Refer to Introduction paragraph 10)
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B8 Proof of delivery, transport document or equivalent electronic message
The buyer must provide the seller with appropriate evidence of having taken delivery.
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A9 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 placing the goods at the buyer's disposal. The
seller must provide at his own expense packaging (unless it is usual
for the particular trade to make the goods of the contract description
available unpacked) which is required for the transport of the goods,
to the extent that the circumstances relating to the transport (for
example modalities, destination) are made known to the seller before
the contract of sale is concluded. Packaging is to be marked
appropriately. |
B9 Inspection of goods
The buyer must pay the costs of any pre-shipment inspection, including
inspection mandated by the authorities of the country of export. |
A10 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 issued or transmitted in the country of delivery
and/or of origin which the buyer may require for the export and/or
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. |
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the
documents or equivalent electronic messages mentioned in A10 and
reimburse those incurred by the seller in rendering his assistance in
accordance therewith. |
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Cost and Freight (... named port of destination)
Cost, Insurance and Freight (... named port of destination).
Carriage and Insurance Paid Тo (... named place of destination)
Carriage Paid To (... named place of destination).
Delivered At Frontier (... named place)
Delivered Duty Paid (... named place of destination)
Delivered Duty Unpaid (... named place of destination)
Delivered Ex Quay (... named port of destination)
Delivered Ex Ship (... named port of destination)
EX Works ( ... named place)
Free Alongside Ship (... named port of shipment)
Free Carrier (...named place)
Free On Board (... named port of shipment)
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