Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day”

Advocates

Access all documents on Incoterms

Incoterms meaning

What does Incoterms mean?
In legal practice, Incoterms are standard three‑letter trade terms published by the International Chamber of Commerce that allocate delivery obligations, transfer of risk, carriage, insurance and customs formalities in sale of goods contracts. They are not legislation and have no effect unless expressly incorporated; when incorporated (for example, “FCA London Incoterms 2020”), they form part of the contract and are interpreted by reference to the ICC rules. Used primarily in international trade and also domestically, Incoterms clarify who arranges and pays for transport, who clears goods for export and import, the delivery point, and what shipping documents must be provided. They do not, without more, determine transfer of title/ownership, price, payment terms or remedies. Examples include EXW, FCA, CIP, DAP, DPU, DDP (multimodal) and FAS, FOB, CFR, CIF (sea/inland waterway only). Practitioners should specify the Incoterms version (currently Incoterms 2020), the precise named place or port, and ensure consistency with retention of title, insurance and liability clauses. Note that EXW can be impractical for exports from the UK or Ireland where the seller must control export clearance. Usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland; courts generally give effect to properly incorporated Incoterms.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Incoterms

NEWS
Tariffs and Supply Chains: Allocating Risk via Incoterms, Price Variation, Force Majeure, Change in Law, Hardship, Termination and Restructuring under English Law

What is the purpose of tariffs? Tariffs are a type of tax, levied by states to raise income and, by extension, strengthen their economy. They are applied to items brought in from abroad, usually worked out as a percentage of the goods’ price and settled by the importer. Tariffs may equally serve as a political instrument, underpinning protectionist foreign policy by deterring consumers from purchasing products that originate overseas. Where imported items are pricier than home-made alternatives, the theory is that buyers will favour domestic options. Tariffs can furthermore be deployed to choke off supplies from particular nations, on the footing that the added expense becomes too great for the supply chain to absorb—in that way they function as a geopolitical tool as well as an economic one. How do tariffs impact your existing contracts? Across a supply chain, tariffs create difficulty. Under the agreement governing the provision of the goods or materials to which the tariffs relate, one contracting party will inevitably have to shoulder the...

Read More Right Arrow

View the related Practice Notes about Incoterms

PRACTICE NOTES
Incoterms® 2010: CIP (Carriage and Insurance Paid to) – guidance, risk and cost allocation, and seller/buyer obligations (Archived)

ARCHIVED: This Practice Note is archived and not maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules—CIP Carriage and insurance paid to. ICC materials are reproduced here with permission from ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. With effect from 1 January 2020, Incoterms® 2020 rules superseded the Incoterms® 2010 rules. For the CIP term in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules—CIP Carriage and insurance paid to. CIP (insert named place of destination) Incoterms® 2010 Guidance note This rule applies regardless of the transport mode chosen and may equally be adopted when multiple modes of transport are used. Under ‘Carriage and Insurance Paid to’, the seller hands the goods to the carrier, or another party designated by the seller, at a location agreed between them (where any...

Read More Right Arrow
PRACTICE NOTES
Incoterms 2020 FCA (Free Carrier): Delivery, Risk, Named Place/Point, Export and Import Clearance, On-board Bill of Lading Option, and Seller/Buyer Obligations – Guidance for Practitioners

This Practice Note sets out the guidance to the FCA Free Carrier Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 rules and other ICC publications are available from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the last decade. For the FCA Incoterm that applied until then, see Practice Note: Incoterms® 2010 Rules—FCA Free Carrier [Archived]. FCA (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘Free Carrier (named place)’ indicates that the seller provides the goods to the buyer in one of two ways: First, where the named place is the seller’s premises, delivery takes place when the goods are loaded onto the means of transport arranged by...

Read More Right Arrow
PRACTICE NOTES
Archived Incoterms® 2010—FCA (Free Carrier) rule summarising delivery obligations, risk and cost allocation, notices and documentation; replaced by Incoterms® 2020

ARCHIVED: This Practice Note is archived and no longer maintained. For the rule as updated in 2020, refer to Incoterms® 2020 Rules—FCA Free Carrier. ICC publications appear here with permission from ICC Publishing SA. These and other ICC titles can be obtained from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France; from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom; and via www.iccwbo.org. From 1 January 2020, Incoterms® 2010 were superseded by Incoterms® 2020. For the FCA term applicable from that date, see Practice Note: Incoterms® 2020 Rules—FCA Free Carrier. FCA (insert named place of delivery) Incoterms® 2010 Guidance note This rule applies regardless of the chosen mode of transport and can also cover multimodal shipments. ‘Free Carrier’ signifies that the seller presents the goods to the carrier, or another party designated by the buyer, either at the seller’s premises or at a different named location. The parties should identify as precisely as possible the exact spot within the named...

Read More Right Arrow