Статьи
THE BUYER'S OPTIONS AS TO THE PLACE OF SHIPMENT
CUSTOMS OF THE PORT OR OF A PARTICULAR TRADE
MODE OF TRANSPORT AND THE APPROPRIATE INCOTERM 2000
THE BILL OF LADING AND ELECTRONIC COMMERCE
NON-NEGOTIABLE TRANSPORT DOCUMENTS INSTEAD OF BILLS OF LADING
THE RIGHT TO GIVE INSTRUCTIONS TO THE CARRIER
PURPOSE AND SCOPE OF INCOTERMS
INCORPORATION OF INCOTERMS INTO THE CONTRACT OF SALE
THE SELLER'S DELIVERY OBLIGATIONS
PASSING OF RISKS AND COSTS RELATING TO THE GOODS
Une principale page / Incoterms
PASSING OF RISKS AND COSTS RELATING TO THE GOODS
The risk of loss of or damage to the goods, as well as the obligation to bear the costs relating to the goods, passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods. Since the buyer should not be given the possibility to delay the passing of the risk and costs, all terms stipulate that the passing of risk and costs may occur even before delivery, if the buyer does not take delivery as agreed or fails to give such instructions (with respect to time for shipment and/or place for delivery) as the seller may require in order to fulfil his obligation to deliver the goods. It is a requirement for such premature passing of risk and costs that the goods have been identified as intended for the buyer or, as is stipulated in the terms, set aside for him (appropriation). This requirement is particularly important under EXW, since under all other terms the goods would normally have been identified as intended for the buyer when measures have been taken for their shipment or dispatch («F» - and «C»-terms) or their delivery at destination («D»-terms). In exceptional cases, however, the goods may have been sent from the seller in bulk without identification of the quantity for each buyer and, if so, passing of risk and cost does not occur before the goods have been appropriated as aforesaid (cf. also article 69.3 of the 1980 United Nations Convention on Contracts for the International Sale of Goods).