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Trade terms

Incoterms®

Standard trade terms from the International Chamber of Commerce that set who pays for, and carries the risk on, each leg of a shipment.

What is Incoterms?

Incoterms® rules are standard trade terms published by the International Chamber of Commerce (ICC) that allocate tasks, costs and risks between seller and buyer in a contract of sale. The current edition, Incoterms® 2020, contains 11 rules: seven for any mode of transport (EXW, FCA, CPT, CIP, DAP, DPU, DDP) and four for sea and inland waterway transport only (FAS, FOB, CFR, CIF). Each rule sets out ten paired obligations, A1 to A10 for the seller and B1 to B10 for the buyer, covering delivery, transfer of risk, carriage, insurance, transport documents, export and import clearance and allocation of costs. The 2020 edition renamed DAT as DPU, allowed FCA parties to agree that the buyer will instruct its carrier to issue an on-board bill of lading to the seller, raised CIP insurance to Institute Cargo Clauses (A) while leaving CIF at clauses (C), and gathered all costs in articles A9 and B9. The rules apply only when incorporated into the contract, ideally in the form "FCA [named place] Incoterms® 2020".

Why it matters for forwarders

Incoterms do not govern transfer of title, payment or the contract of carriage, yet forwarders are routinely asked to quote, book and invoice by them, so misreading a term produces disputes over origin and destination charges. The named place matters as much as the three letters: "FCA Shanghai" without a precise address leaves open whether delivery happens at the seller's premises or at the forwarder's warehouse, which changes who pays loading and pre-carriage. FOB and CIF are still widely used for containers, although risk under those rules passes only when goods are on board, after the seller has handed the box to the terminal; ICC guidance points to FCA, CPT or CIP in such cases. DDP makes the seller responsible for import clearance and duties in the buyer's country, which may be impractical for a foreign seller that cannot act as importer. Check that the term on the commercial invoice, the booking and any letter of credit is the same, because inconsistencies are a frequent source of charge disputes.

Incoterms FAQ

Do Incoterms determine who owns the goods?

No. Incoterms® rules allocate delivery, risk, costs and clearance duties, but transfer of title and payment terms are governed by the sale contract and the applicable law.

Can I still use Incoterms 2010?

Yes, parties can incorporate an earlier edition as long as the contract states which one applies. Always cite the edition year, because without it disputes can arise over which version governs.

What is the difference between FOB and FCA?

Under FOB the seller delivers when the goods are on board the vessel at the named port, and the rule is meant only for sea and inland waterway transport. Under FCA the seller delivers to the buyer's carrier at a named place, which suits containers handed over at a terminal or warehouse, and since 2020 the parties can agree that an on-board bill of lading is issued to the seller.

Which Incoterms rules include insurance?

Only CIF and CIP oblige the seller to buy cargo insurance for the buyer. Under Incoterms 2020, CIF requires minimum cover under Institute Cargo Clauses (C), while CIP requires the broader Institute Cargo Clauses (A).

Sources

  1. Incoterms® 2020, International Chamber of Commerce
  2. Incoterms® 2020 vs 2010: What's changed?, ICC Academy

Rules and figures change. Check the current text with the issuing body before relying on it.

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