EXW
EX WORKS (... named place)
«Ex works» means that the seller delivers when he places the goods at the disposal
of the buyer at the seller's premises or another named place
(i.e. works, factory, warehouse, etc.) not cleared for export
and not loaded on any collecting vehicle. This term thus represents
the minimum obligation for the seller, and the buyer has to
bear all costs and risks involved in taking the goods from
the seller's premises. However, if the parties wish the seller
to be responsible for the loading of the goods on departure
and to bear the risks and all the costs of such loading, this
should be made clear by adding explicit wording to this effect
in the contract of sale. This term should not be used when
the buyer cannot carry out the export formalities directly
or indirectly. In such circumstances, the FCA term should
be used, provided the seller agrees that he will load at his
cost and risk.
THE
SELLER'S OBLIGATIONS
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THE
BUYER'S OBLIGATIONS
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A1
Provision of goods in conformity with the contract
The
seller must provide the goods and the commercial invoice,
or its equivalent electronic message, in conformity
with the contract of sale and any other evidence of
conformity which may be required by the contract.
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B1
Payment of the price
The
buyer must pay the price as provided in the contract
of sale.
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A2
Licences, authorisations and formalities
The
seller must render the buyer, at the latter's request,
risk and expense, every assistance in obtaining, where
applicable,any export licence or other official authorisation
necessary for the export of the goods.
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B2
Licences, authorisations and formalities
The
buyer must obtain at his own risk and expense any export
and import licence or other official authorisation and
carry out, where applicable, all customs formalities
for the export of the goods.
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A3
Contracts of carriage and insurance
a)
Contract of carriage No obligation
b) Contract of insurance No obligation
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B3
Contracts of carriage and insurance
a)
Contract of carriage No obligation
b) Contract of insurance No obligation
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A4
Delivery
The
seller must place the goods at the disposal of the buyer
at the named place of delivery, not loaded on any collecting
vehicle, on the date or within the period agreed or,
if no such time is agreed, at the usual time for delivery
of such goods. If no specific point has been agreed
within the named place. and if there are several points
available, the seller may select the point at the place
of delivery which best suits his purpose.
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B4
Taking delivery
The
buyer must take delivery of the goods when they have
been delivered in accordance with A4 and A7/B7.
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A5
Transfer of risks
The
seller must, subject to the provisions of B5, bear all
risks of loss of or damage to the goods until such time
as they have been delivered in accordance with A4.
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B5
Transfer of risks
The
buyer must bear all risks of loss of or damage to the
goods
- from the time they have been delivered in accordance
with A4; and
- from the agreed date or the expiry date of any period
fixed for taking delivery which arise because he fails
to give notice in accordance with B7. provided, however,
that the goods have been duly appropriated to the contract,
that is to say clearly set aside or otherwise identified
as the contract goods.
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A6
Division of costs
The
seller must, subject to the provisions of B6, pay all
costs relating to the goods until such time as they
have been delivered in accordance with A4.
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B6
Division of costs
The
buyer must pay
- all costs relating to the goods from the time they
have been delivered in accordance with A4: and
- any additional costs incurred by failing either to
take delivery of the goods when they have been placed
at his disposal, or to give appropriate notice in accordance
with B7 provided, however, that the goods have been
duly appropriated to the contract, that is to say, clearly
set aside or otherwise identified as the contract goods:
and
- where applicable, all duties, taxes and other charges
as well as the costs of carrying out customs formalities
payable upon export.
The buyer must reimburse all costs and charges incurred
by the seller in rendering assistance in accordance
with A2.
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A7
Notice to the buyer
The
seller must give the buyer sufficient notice as to when
and where the'goods will be placed at his disposal.
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B7
Notice to the seller
The
buyer must, whenever he is entitled to determine the
time within an agreed period and/or the place of taking
delivery, give the seller sufficient notice thereof.
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A8
Proof of delivery, transport document or equivalent
electronic message
No
obligation
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B8
Proof of delivery, transport document or equivalent
electronic message
The
buyer must provide the seller with appropriate evidence
of having taken delivery.
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A9
Checking - packaging - marking
The
seller must pay the costs of those checking operations
(such as checking quality, measuring, weighing, counting)
which are necessary for the purpose of placing the goods
at the buyer's disposal. The seller must provide at
his own expense packaging (unless it is usual for the
particular trade to make the goods of the contract description
available unpacked) which is required for the transport
of the goods, to the extent that the circumstances relating
to the transport (for example modalities, destination)
are made known to the seller before the contract of
sale is concluded. Packaging is to be marked appropriately.
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B9
Inspection of goods
The
buyer must pay the costs of any pre-shipment inspection,
including inspection mandated by the authorities of
the country of export.
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A10
Other obligations
The
seller must render the buyer at the latter's request,
risk and expense, every assistance in obtaining any
documents or equivalent electronic messages issued or
transmitted in the country of delivery and/or of origin
which the buyer may require for the export and/or import
of the goods and, where necessary, for their transit
through any country.
The seller must provide the buyer, upon request, with
the necessary information for procuring insurance.
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B10
Other obligations
The
buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned
in A10 and reimburse those incurred by the seller in
rendering his assistance in accordance therewith.
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