DELIVERED DUTY UNPAID AND DELIVERED DUTY PAID

Like the rest of the Incoterms in the 'D' category, the seller has to pay all costs and cover all risks involved in bringing goods to the named place of destination. While the Incoterm Ex-Works (EXW) represents the least responsibility for the seller, the Delivered Duty Paid (DDP) Incoterm represents the highest responsibility for the seller.

Delivered Duty Unpaid (DDU) - obligations of the seller

The seller is responsible for delivering the goods to the buyer at a named place of destination. The seller neither clears the goods for import nor unloads the goods.

DDU - obligations of the buyer

The buyer has to clear the goods for import and takes on the risks and costs of the goods as soon as they are accessible at the named destination.

DDU in practice

It can also be agreed that the seller is responsible for import duties, costs and risks. If both parties agree to this arrangement, it should be written into the contract as it is a variation of the Incoterm.

DDP - obligations of the seller

The seller must deliver the goods to a named destination, unload and clear them for import. The seller has responsibility for all costs and risks linked to bringing the goods to the named destination. The seller must pay all duties, taxes and charges in the country of import.

DDP - obligations of the buyer

Some taxes, such as VAT, can be excluded from the seller's obligations and transferred to the buyer. This variation to the Incoterm should be written into the sales contract.

DDP in practice

This Incoterm is not used if the seller is unable to arrange an import licence.

Methods of transport

Both DDU and DDP cover all modes of transport. However, if goods are delivered on board a ship or on a quay, then the Delivered Ex-Ship and Delivered Ex-Quay Incoterms must be used.

II. Using the vocabulary complete the sentences giving extensive information.

1. International Commercial Terms is …

2. The benefits of using Incoterms are …

3. Each Incoterm outlines …

4. The Incoterm Ex-Works (EXW) means …

5. Free Carrier implies ….

6. The Incoterms Free Alongside Ship and Free On Board imply ….

7. The Cost and Freight and Cost, Insurance and Freight Incoterms mean …

8. Under Delivered At Frontier, Delivered Ex-Ship and Delivered Ex-Quay one is to ….

III. Using the vocabulary and the information from the articles act out a dialogue between the buyer and the seller.

TEXT D. INCOTERMS AND VAT

I. Choose the words to complete the article. It may be necessary to change the form of the given words.

Cover, shipping, within, zero-rate, reclaim, shipping, endorse, authoritative, framework.

This article gives a summary of when traders may have to pay import and export VAT and how they can incorporate it into contracts as an addition.

VAT is not covered as part of the 'costs' under any Incoterm, but it is payable on many international trade transactions. Summaries of when you have to pay import VAT and export VAT are given below. If you wish to agree that the buyer or seller is responsible for paying VAT, it should be written as an addition into the sales contract as it will not be 1) … by the Incoterm.

Import VAT

Generally, you must pay VAT on imported goods at the same rate that the goods attract. The procedure for making payment depends mostly on whether the country from which you are importing goods is inside or outside the European Union (EU). You can 2) … VAT from goods imported from 3) … the EU when you declare them on your VAT return.

Export VAT

When you export goods outside the EU you can usually 4) … the goods for VAT. To qualify, the goods must leave the EU within a set time limit and you must keep records of the sale and transport of the goods. Separate rules apply to goods that are moved through EU countries to other EU countries. Goods exported to a customer outside the EU can also be zero-rated for VAT even if they initially travel through other EU countries.

Incoterms and contracts

The International Chamber of Commerce (ICC) originally published the very first set of Incoterms in 1936. Since that first publication, they have been updated in 1953, 1967, 1980, 1990 and most recently in 2000.

Because Incoterms are standard definitions, they are used in contracts to reduce confusion and avoid traders having difficulty understanding the import requirements and 5) … practice used in other countries.

Using the correct Incoterms clarifies the contracts you have with your suppliers or customers. 'Incoterms' is a protected ICC trade mark and only the original texts of Incoterms are to be considered as 6) … for incorporation into contracts. You should use the current version, Incoterms 2000, and note this in the contract. These terms should also be used on any paperwork linked to the contract, such as invoices or statements. Failing to state that you are using Incoterms 2000 could result in a dispute.

Incoterms 2000 has been 7) … by the United Nations Commission on International Trade Law (UNCITRAL) and is now available in 31 languages.

The sales contract between the buyer and seller should also state which country's legal system will be used in case of a dispute. If both parties' countries are signed up to the UN Convention, this will provide the legal 8) … for settling the dispute. Incoterms will provide the legal backbone to settling the dispute.

Date: 2016-01-14; view: 820