1. Estructura Incoterms 2010
reglas: 10 articulos
1
A THE SELLER’S OBLIGATIONS
General obligations of the seller
Licences, authorizations, security
clearances and other formalities
Contracts of carriage and insurance
Delivery
Transfer of risks
Division of costs
Notice to the buyer
Delivery document
Checking – packaging – marking
Assistance with information and
related costs
B THE BUYER’S OBLIGATIONS
General obligations of the buyer
Licences, authorizations, security
clearances and other formalities
Contracts of carriage and
insurance
Taking delivery
Transfer of risks
Division of costs
Notice to the seller
Proof of delivery
Inspection of goods
Assistance with information and
related costs
2. FAS & FOB
2
¿Por qué están usando las
reglas de Incoterms en forma
‘incorrecta’?
BATALLA ABOGADOS
Is ICC ‘right’ in labelling
them ‘wrong’?
3. 3
Container -
FCL
Inland
terminal - LCL
Port terminal
- LCL
Quay On board
Passing of
riskFCA
FOB
Transferencia de Riesgo debe coincidir
con la pérdida de control (Passing of risk
should coincide with loss of control)
Administrative
formalities and L/C
conditions are
‘abstract’ and look
at facts
FAS
9. FOB (… named port of shipment)
9
FOB Additional Service – FOB + I / C&I –
FOBs – FOBst – Port customs …
Free On Board – franco a bordo
10. 10
FOB Antwerp – Rotterdam
THC – consolidation costs
Late departure
Damage & loss in terminal
L/C transshipment, ….
FCA but:
Proof of exportation
Local costs (THC …) THC for
seller’s account
L/C
11. Structure of the Incoterms®
rules: 10 articles
11
A THE SELLER’S OBLIGATIONS
General obligations of the seller
Licences, authorizations, security
clearances and other formalities
Contracts of carriage and insurance
Delivery
Transfer of risks
Division of costs
Notice to the buyer
Delivery document
Checking – packaging – marking
Assistance with information and
related costs
B THE BUYER’S OBLIGATIONS
General obligations of the buyer
Licences, authorizations, security
clearances and other formalities
Contracts of carriage and
insurance
Taking delivery
Transfer of risks
Division of costs
Notice to the seller
Proof of delivery
Inspection of goods
Assistance with information and
related costs
13. Incoterms and
transfer of title
Delivery vs. legal ownership
Delivery Incoterms ® Rules
Legal ownership contract national law
Legal title – economic ownership (title –
property – ownership)
B/L’s
Leasing - retention of title – consignment
stock
Contract – Accounting – Customs – VAT
- …
Product sales will be recorded as revenue upon passage of title of
goods from the company to a third party customer. All sales should be
made on shipping terms of "FOB shipping point".
Accordingly, passage of title is deemed to occur upon physical delivery
of goods to a common carrier. All invoices should specify in the
conditions of sale that title to the goods shall pass to the buyer upon
delivery to the carrier (i.e., shipping terms are FOB shipping
point). In international markets, the terms utilized to convey "FOB
shipping point" may be different (e.g. CIF, EXW, FCA). We should not
sell products on terms that are legally considered to be "FOB
destination point."
VAT art. 14.1 Directive 2006/112/EC.
"Supply of goods" shall mean the transfer of the right to dispose
of tangible property as owner.
IAS 18.14:
Revenue arising from the sale of goods should be recognised when
all of the following criteria have been satisfied: [IAS 18.14]
1. the seller has transferred to the buyer the significant risks and
rewards of ownership
2. the seller retains neither continuing managerial involvement to
the degree usually associated with ownership nor effective
control over the goods sold
3. the amount of revenue can be measured reliably
4. it is probable that the economic benefits associated with the
transaction will flow to the seller, and
5. the costs incurred or to be incurred in respect of the transaction
can be measured reliably
