They do decide
- Obligations — who arranges carriage, export clearance and insurance.
- Risk — the exact point where responsibility for loss or damage moves from seller to buyer.
- Costs — who pays for transport, loading, unloading, duties and the rest.
Three letters in a contract decide who pays for what and who's holding the risk when a container goes over the side. Here's what each rule actually means — and where we think people usually pick the wrong one.
Incoterms® are published by the International Chamber of Commerce. They're the shorthand the whole trading world uses — but they cover less than most people assume.
All of that belongs in your sales contract. An Incoterm is not a contract.
Always write the rule with a named place — "FCA Ludhiana, India (Incoterms® 2020)". A bare "FCA" leaves the most important detail undefined, and that's exactly what gets argued about later.
These seven work for sea, air, road, rail or any combination — which covers almost every containerised shipment.
The seller's minimum obligation — they just make the goods available at their own premises. Everything after that is yours, including export clearance.
The seller delivers the goods, cleared for export, to a carrier you nominate at an agreed place.
The seller books and pays carriage to the named destination — but stops carrying the risk long before the goods get there.
Same as CPT, with the seller also buying insurance for your benefit — and under Incoterms 2020, at all-risks level.
The seller brings the goods all the way to the named place and puts them at your disposal on the arriving vehicle, ready to unload.
The seller delivers and unloads at the named destination. The only Incoterm that obliges the seller to unload.
The seller's maximum obligation: delivered, import-cleared, all duties and taxes paid.
These four were written around a ship's rail. They suit bulk and break-bulk — and are widely, if not always wisely, used for containers.
The seller delivers when the goods are placed alongside the vessel you've nominated — on the quay or on a barge.
The seller clears for export and loads the goods on board the vessel you've nominated.
The seller pays cost and freight to the destination port. Risk passes to you much earlier than the goods arrive.
Same as CFR, plus the seller buys marine insurance — but only minimum cover unless you negotiate more.
Four mistakes that cost our customers real money before they came to us.
Under FOB, risk only passes when the goods are on board the vessel. But you hand a container over at a terminal days before that. In between, the cargo is completely out of the seller's control while still legally at their risk — and insurers do notice. FCA was written for exactly this and closes the gap.
CIF only obliges the seller to buy minimum cover, which is much narrower than most buyers picture. CIP under Incoterms® 2020 requires all-risks level instead. If you're buying CIF, either negotiate a higher level into the contract or take out your own policy.
DDP puts Indian import clearance and duty on the seller. That generally needs a presence or representative here, and they usually can't reclaim the GST. It looks simple on the invoice and gets complicated at the port. DAP plus your own broker is normally cleaner.
EXW makes you responsible from the seller's gate — including export clearance in their country, which as a foreign buyer you often can't legally do yourself. If you don't have someone reliable at origin, EXW is a trap. FCA shifts export clearance back to the seller where it belongs.
Send us the shipment and the deal you're negotiating. We'll tell you which rule protects you and what it does to your landed cost — no charge, and no obligation to book with us.
Incoterms® is a registered trademark of the International Chamber of Commerce. This guide is a summary for working use — for the binding text, refer to the ICC's own publication.
Incoterms decide who pays and who carries the risk. These cover what happens next.