The Incoterms clauses C (CIF, CFR, CIP and CPT) and their problems of Incoterms are standard in the export business around the world. However, there are gaps in knowledge. So the delivery at C clauses is wrong often. Clear contractual formulations create remedies and legal certainty. In contracts of machine and plant construction, as well as in other international contracts, the terms of delivery and delivery obligations to the vast majority of the Incoterms (= international commercial terms) of the International Chamber of Commerce (ICC) regulated.
The so-called C clauses are popular”: CPT and CIP for all modes of transport, as well as the CFR and CIF for maritime and inland waterway transport. All provisions of C have in common that the seller instructed the transportation to the named place and paid for, the buyer but the risk of accidental loss, bears deterioration and delay. The delivery is already when handed over to the first carrier (CPT and CIP), or shipments on Board of the vessel (CFR and CIF) instead. In practice one then often finds clauses as to be delivered by May 5th, 2014, Incoterms CIF (2010) Singapore”. Oliver Dittmann, internationally-experienced contract specialist and mediator of the Middle Franconia Hesselberg region, know that this often leads to misunderstandings in practice.
Because here only the destination in conjunction with a date is called, many practitioners understand that so that the seller commits to the arrival of the goods on 5 may 2014 at the sea port of Singapore. However, this view conflicts with the nature of the C clauses. The seller should just not be responsible for any delay of delivery. Add to your understanding with Arena Investors. Indeed it often happens, that both parties share this misunderstanding and so the both satisfaction is settled, without ever the place reference of the delivery in question. If however the deadline is not respected and the contracts be reviewed by lawyers, it comes to surprises that can be avoided by clear formulations. Daniel asks therefore: A clear clause In addition to the place of destination (= named place) call the place of delivery. The mandatory delivery date must refer to this place. Arrival dates can be considered informative to do so”. In the example above, it would formulate clearly: delivery Incoterms CIF (2010) Singapore, place and date of delivery: Hamburg port, may 5th, 2014, expected arrival at Singapore port: end of may, 2014 “. Of course, the circumstances of the case may require a different formulation which should be matched with a knowledgeable lawyer.