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LAWS6059 Chap.7 Incoterms 2020: Risk, Cost and Delivery

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Chapter 7 of 9 · LAWS6059

Incoterms 2020: Risk, Cost and Delivery

Incoterms 2020 standardise delivery, cost, risk and specified obligations between seller and buyer. This chapter compares the E, F, C and D groups, insists on a precise named place and matches rules to transport mode. Its main warning is the C-term split: a seller may pay carriage to destination even though risk passed earlier at the first carrier or on board at shipment. Insurance and customs are analysed separately.

In this chapter

What this chapter covers

  • 01

    E, F, C and D obligation groups

  • 02

    Precise named place and version

  • 03

    Rules for any mode versus sea rules

  • 04

    CPT and CIP first-carrier risk

  • 05

    CFR and CIF shipboard risk

  • 06

    DAP, DPU and DDP arrival tasks

  • 07

    Insurance and customs allocation

Worked example · free

Replace a mismatched sea term for containers

Q [5 marks]. Containerised equipment is sold under CIF to an inland destination, but damage occurs after terminal handover and before loading. Which drafting mismatch matters, and which rules may fit better? The transport problem carries our own revision mark allocation and is not a published University scheme.
Incoterms obligation trackAn E-to-D track shows rising seller obligations and highlights the separate cost and risk points in C terms.EBuyer heavyFCarrier handoverCCost risk splitDSeller heavySeller obligation increases
Seller obligations generally rise from E to D. The highlighted C group is different because seller-paid carriage continues beyond the earlier point where transport risk transfers to the buyer.
  • 1Identify CIF as a sea rule with risk passing on board.
  • 1Locate operational container handover before vessel loading.
  • 1Recommend FCA where risk should move at terminal handover.
  • 1Consider CIP where seller-paid carriage and insurance are also required.
  • 1State the exact place and Incoterms 2020 version.
CIF's shipboard risk point does not align with pre-loading container handover. FCA better matches the terminal transfer, while CIP may fit if the seller must pay carriage and procure insurance. The contract must name the exact place and keep title and remedies in separate terms.
Sia tip — Write cost and risk on different lines for every C term; the destination named for freight can be later than the risk point.
Glossary

Key terms

Named place
The precise location attached to an Incoterm where specified delivery or cost duties are anchored.
Risk transfer
The point at which transport loss or damage shifts between seller and buyer under the selected rule.
C term
An Incoterm under which the seller pays main carriage while risk transfers earlier.
DPU
Delivered at Place Unloaded, requiring the seller to unload at the named destination.
FAQ

Incoterms 2020: Risk, Cost and Delivery FAQ

What do Incoterms decide?

They allocate delivery, costs, risk and specified obligations such as carriage, insurance and customs. They do not decide every contract issue, including formation, title, price and general remedies. Treat the selected rule as a delivery module inside a larger sale contract.

Why are C terms confusing?

The seller pays carriage to the named destination, but risk passes earlier at the first carrier for CPT and CIP or on board at shipment for CFR and CIF. Freight destination and risk point therefore need separate sentences.

Which rule fits an unloaded destination?

DPU requires the seller to unload at the named destination while the buyer handles import clearance. DAP leaves unloading to the buyer, and DDP shifts import clearance and duty to the seller. Choose by the actual logistics capacity.

Study strategy

Assessment move

Build one table with columns for permitted transport mode, delivery event, risk transfer, carriage cost, unloading, insurance, export clearance and import clearance. Add a final column for the exact named port or place, because the three-letter rule without a location is incomplete. Begin with the all-mode terms and the sea or inland-waterway terms as separate families.

Do not compare rules across families until you have checked whether the shipment is containerised, multimodal or genuinely port-to-port. Practise paired comparisons: CPT against CIP to isolate insurance; CFR against CIF for the same reason in the maritime family; DAP against DPU to locate unloading; and DAP against DDP to locate import clearance and duties.

For each pair, write three independent sentences covering delivery, risk and cost. This prevents payment of main carriage from being mistaken for retention of risk. Draw a route from seller’s premises through carrier, port, vessel, destination terminal and buyer, then place one marker for delivery and another for the end of carriage cost. If they coincide only under a particular rule, say so rather than assuming.

Add the insurance level described for the relevant 2020 rule and avoid promising that cargo insurance answers every loss. In a sales problem, keep the Incoterm alongside, not inside, the CISG analysis: use it to interpret delivery, risk and allocated tasks, while leaving validity, conformity and available remedies to their governing rules.

Write contractual clauses in the form ‘[rule] [named place] Incoterms 2020’ and test whether that location is operationally precise. Revise by moving the named place one stage along the route and observing which costs or risks change. Finish each answer with a handover statement: who must do what, where delivery occurs, when risk passes, who contracts carriage or insurance, and which party handles each customs frontier.

That concrete close is more reliable than memorising slogans such as seller pays or buyer bears risk. Use a blank logistics map and place cards for seller, first carrier, terminal, vessel, destination and buyer. Move distinct tokens for risk, cost and documents; never use one token for all obligations. Explain each movement aloud using the named place.

The physical exercise makes the split between an early risk point and seller-paid carriage memorable, particularly for the C terms.

Working through Incoterms 2020: Risk, Cost and Delivery in LAWS6059? Sia is AskSia’s AI Law tutor — ask any LAWS6059 Incoterms 2020: Risk, Cost and Delivery question and get a clear, step-by-step explanation grounded in how LAWS6059 is taught and assessed. Read this chapter free, then take your hardest questions to Sia.

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