Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term D Delivery from the pier - DEQ

DEQ(Delivered Ex Quay (... named port of destination))
Delivery ex berth (... named port of destination)

The term "Delivered ex berth" means that the seller has fulfilled his obligation to deliver when the goods, not cleared for import, are placed at the buyer's disposal at the quay at the named port of destination. The seller must bear all costs and risks associated with the transport and unloading of the goods at the quay. The term DEQ imposes on the buyer the obligation to clear customs for the import of the goods, as well as to pay taxes, duties and other fees upon import.
However, if the parties wish the seller to assume all or part of the costs of importing the goods, then this should be clearly stated in the appropriate addendum to the contract of sale.
This term can only be applied to carriage by sea or inland waterway or multimodal transport, when the goods are unloaded from the ship to the quay at the port of destination. However, if the parties wish to include in the seller's obligations the risks and costs associated with moving the goods from the quay to another place (warehouse, terminal, etc.) in the port or outside the port, the terms DDU and DDP should be used.

RESPONSIBILITIES OF THE SELLER

BUYER'S RESPONSIBILITIES

A.1. DELIVERY OF THE GOODS IN ACCORDANCE WITH THE CONTRACT

B.1. PAYMENT OF THE PRICE

The seller is obliged, in accordance with the sales contract, to provide the buyer with the goods and a commercial invoice or equivalent electronic message, as well as any other evidence of conformity that may be required under the terms of the sales contract.

The buyer is obliged to pay the price of the goods stipulated by the contract of sale.

A.2. LICENSES, CERTIFICATES AND FORMALITIES

B.2. LICENSES, CERTIFICATES AND FORMALITIES

The seller must, at his own risk and expense, obtain any export license or other official authorization or other documents and carry out, where applicable, all customs formalities required for the export of the goods and for their transit through third countries.

The buyer must obtain at his own expense and risk any import license or other official authorization and other documents and carry out, if necessary, all customs formalities required for the importation of the goods.

A.3. CONTRACTS OF CARRIAGE AND INSURANCE

B.3. CONTRACTS OF CARRIAGE AND INSURANCE

a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named quay at the named port of destination. Unless a special berth is agreed upon or determined by the practice of such deliveries, the seller may choose the most suitable berth for him at the named port of destination.
b) Insurance contract
No commitment.

a) Contract of carriage
No commitment.
b) Insurance contract
No commitment.

A.4. SUPPLY

B.4. ACCEPTANCE OF DELIVERY

The seller must place the goods at the disposal of the buyer at the quay in accordance with Article A.3a) on or within the agreed date.

The buyer is obliged to accept the goods immediately after delivery in accordance with article A.4.

A.5. RISK TRANSFER

B.5. RISK TRANSFER

The seller is obliged to deliver the goods subject to the provisions of Article B.5. and bear all risks of loss or damage to the goods until they have been delivered in accordance with Article A.4.

The buyer must bear all risks of loss or damage to the goods from the moment of delivery in accordance with article A.4. The buyer is obliged - if he fails to fulfill his obligation to give a notice in accordance with Article B.7. - bear all risks of loss or damage to the goods from the expiration of the agreed date or the agreed delivery time. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e. definitely isolated or otherwise identified as the goods that are the subject of this contract.

A.6. COST ALLOCATION

B.6. COST ALLOCATION

The seller must, subject to the provisions of article B.6.: - in addition to the costs arising from article A.3a), bear all costs associated with the goods until the goods have been delivered to the quay in accordance with article A.4., and - if it will be required - to pay all costs associated with the implementation of customs formalities, as well as other duties, taxes and other charges payable on export of the goods and its transit through third countries before its delivery in accordance with Article A.4.

The buyer must: - bear all costs associated with the goods from the moment of their delivery in accordance with Article A.4., including all costs associated with the handling of the goods at the port until their subsequent transportation or placement in a warehouse or terminal, and - bear all additional expenses incurred as a result of his failure to fulfill his obligation to accept the goods after the latter was placed at his disposal in accordance with Article B.7. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e., definitely separated or otherwise identified as the goods that are the subject of this contract, and - pay, if necessary, all duties, taxes and other fees, as well as the costs of customs formalities payable upon import of the goods and for their subsequent transportation.

A.7. NOTICE TO THE BUYER

B.7. NOTICE TO SELLER

The seller must give the buyer sufficient notice of the expected date of arrival of the said vessel in accordance with A.4., and give the buyer such other notice as may be necessary for him to take the steps normally necessary to take delivery of the goods.

The buyer must, if he is able to determine the time within the agreed period and/or the point of taking delivery at the named port of destination, give the seller due notice.

A.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

B.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

The seller must provide the buyer at his own expense with a delivery order and/or a normal transport document (e.g. negotiable bill of lading, non-negotiable sea waybill, proof of inland waterway transport or multimodal transport waybill) to enable the buyer to take delivery of the goods and remove them from the quay . In the event that the seller and the buyer have agreed on the use of electronic communication means, the documents mentioned above may be replaced by equivalent electronic messages (EDI).

The buyer must accept the delivery order or transport document in accordance with Article A.8.

A.9. CHECK - PACKAGING - MARKING

B.9. GOODS INSPECTION

The seller must bear the costs associated with the verification of the goods (for example, checking the quality, dimensions, weight, quantity) necessary for the delivery of the goods in accordance with Article A.4. The seller must, at his own expense, provide the packaging (unless it is customary in the trade in question to deliver the contracted goods without packaging) necessary for the delivery of the goods. The packaging must be properly labelled.

The buyer is obliged to bear the costs associated with the pre-shipment inspection of the goods, unless such inspection is required by the authorities of the country of export.

A.10. OTHER LIABILITIES

B.10. OTHER LIABILITIES

The seller is obliged, at the request of the buyer, to provide the latter, at his expense and risk, with full cooperation in obtaining any documents or equivalent electronic messages (other than those mentioned in article A.8.) issued or used in the country of dispatch and / or in the country of origin of the goods which may be required by the buyer to import the goods. The seller is obliged to provide the buyer with all the information necessary for the implementation of insurance.

The buyer must bear all costs and fees associated with the receipt of documents or equivalent electronic messages, as provided in Article A.10., and also reimburse the seller's expenses incurred by the latter as a result of his assistance to the buyer.

 
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