CIP - CARRIAGE AND INSURANCE PAID Responsibilities


A The Seller Must B The Buyer Must
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.
B1

Payment of the Price

The buyer must pay the price as provided in the contract of sale.
A2

Licenses, Authorizations and Formalities

The seller must obtain at its own risk and expense any export licence or other official authorisation and carry out, where applicable, all customs formalities necessary for the export of the goods.
B2

Licenses, Authorizations and Formalities

The buyer must obtain at its own risk and expense any import licence or other official authorisation and carry out, where applicable, all customs formalities for the import of the goods and for their transit through any country.
A3

Contract of Carriage and Insurance
(a) Contract of carriage

The seller must contract unusual terms at its own expense for the carriage of the goods to the agreed point at the named place of destination by a usual route and in a customary matter. If a point is not agreed or is not determined by practice, the seller may select the point at the named place of destination which best suits its purpose.

(b) Contract of insurance

The seller must obtain at its own expense cargo insurance as agreed in the contract, such that the buyer, or any other person having an insurable interest in the goods, shall be entitled to claim directly from the insurer and provide the buyer with the insurance policy or other evidence of insurance cover.
The insurance shall be contracted with underwriters or an insurance company of good repute and, failing express agreement to the contrary, be in accordance with minimum cover of the Institute Cargo Clausues (Institute of London Underwriters) or any similar set of clausules. The duration of insurance cover shall be in accordance with B4 and B5. When required by the riots and civil commotion risk insurances if procurable. The minimum insurance shall cover the price provided in the contract plus ten per cent (i.e. 110%) and shall be provided in the currency of the contract.
B3

Contract of Carriage and Insurance
(a) Contract of carriage

No obligation.

(b) Contract of insurance

No obligation.
A4

Delivery

The seller must deliver the goods to the carrier contracted in accordance with A3 or, if there are subsequent carriers to the first carrier, for transport to the agreed point at the named place on the date or within the agreed period.
B4

Taking Delivery

The buyer must accept delivery of the goods when they have been delivered in accordance with A4 and receive them from the carrier at the named place.
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.
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.
The buyer must, should it fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the period fixed for delivery 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.
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 as well as the freight and all other costs resulting from A3 a), including the costs of loading the goods and any charges for unloading at the place of destination which were for the seller’s account under the contract of carriage; and
The costs of insurance resulting form A3 b); and
Where applicable, the costs of customs formalities necessary for export as well as all duties, taxes or other charges payable upon export, an for their transit through any country if they were for the seller’s account under the contract of carriage.
B6

Division of Costs

The buyer must, subject to the provisions of A3 a), pay:
All costs relating to the goods form the time they have been delivered in accordance with A4; and
All costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unless such costs and charges were for the seller’s account under the contract of carriage; and
Unloading costs unless such costs and charges are for the seller’s account under the contract of carriage; and
All additional costs incurred if it fails to give notice in accordance with B7, for the goods form the agreed date or the expiry date of the period fixed for dispatch, 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 import of the goods and for their transit through any country unless included within the cost of the contract of carriage.
A7

Notice to the Buyer

The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4, as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable it to take the goods.
B7

Notice to the Seller

The buyer must, whenever it is entitled to determine the time for dispatching the goods and/or the destination, give the seller sufficient notice thereof.
A8

Proof of Delivery, Transport Document or Equivalent Electronic Message

The seller must provide the buyer at the seller’s expense, if customary, with the usual transport document or document (for example a negotiable bill of lading, an on-negotiable sea way bill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document) for the transport contracted in accordance with A3.
B8

Proof of Delivery, Transport Document or Equivalent Electronic Message

The buyer must accept the transport document in accordance with A8 if it is in conformity with the contract.
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 delivering the goods in accordance with A4.
The seller must provide at its own expense packaging (unless it is usual for the particular trade to send the goods of the contract description unpacked) which is required for the transport of the goods arranged by it. Packaging is to be marked appropriately.
B9

Inspection of Goods

The buyer must pay the costs of any pre-shipment inspection except when such inspection is mandated by the authorities of the country of export.
A10

Other Obligations

The seller must render the buyer at the buyer's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the import of the goods and for their transit through any country.
The seller must provide the buyer, upon request, with the necessary information for procuring any additional insurance.
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 the assistance in accordance therewith.
The buyer must provide the seller, upon request, with the necessary information for procuring any additional insurance.

© 2004 John Michael Pierobon

Notes