Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term D Delivered from ship - DES

DES(Delivered Ex Ship (... named port of destination))
Delivered ex ship (...named port of destination)

The term "Delivered ex ship" means that the seller has delivered when he places the goods, uncleared for import, at the disposal of the buyer on board the ship at the named port of destination. The seller must bear all costs and risks of bringing the goods to the named port of destination until they have been unloaded. If the parties wish the seller to bear the costs and risks of unloading the goods, the term DEQ should be used.
This term can only be used for carriage by sea, inland waterways or multimodal transport when the goods arrive at the port of destination by ship.

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, 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 at the frontier and, if necessary, for their transit through third countries.

The buyer must obtain at his own expense and risk any import license or other official authorization and carry out, if required, 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 point, if any, at the named port of destination. If no such point is agreed upon or determined by the practice of such deliveries, the seller may choose the most suitable point 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 on board the ship at the point of unloading in accordance with article A.3a) at the named port of destination on the date or within the agreed time in such a way that it is possible to remove the goods from the ship by means of unloading appropriate to the nature of the goods.

The buyer is obliged to take delivery of the goods when it has been made in accordance with Article A.4.

A.5. RISK TRANSFER

B.5. RISK TRANSFER

The seller must, subject to the provisions of article B.5., bear all risks of loss or damage to the goods until the moment when they are 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 end date of the agreed delivery date. 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 moment when they are delivered 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 when the goods are exported and sent in transit through third countries before delivery in accordance with Article A.4.

The buyer is obliged: - to bear all costs associated with the goods from the moment of their delivery in accordance with Article A.4., including the costs of unloading the goods from the vessel necessary for taking delivery, and - to bear all additional costs incurred as a result of his failure to fulfill his obligation accept the goods after the latter has been placed at his disposal in accordance with Article A.4., or give notice 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.

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 claim the goods from the carrier at the port of destination. 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 additional 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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