DAF - DELIVERED AT FRONTIER 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 document necessary for placing the goods at the buyer’s disposal.
The seller must carry out, where applicable, all customs formalities necessary for the export of the goods to the named place of delivery at the frontier and for their transit through any country.
B2

Licenses, Authorizations and Formalities

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

Contract of Carriage and Insurance
(a) Contract of carriage

The seller must contract at its own expense for the carriage of the gods to the named point, if any, at the place of delivery at the frontier. If a point at the named place of delivery at the frontier is not agreed or is not determined by practice, the seller may select the point at the named place of delivery which best suits its purpose.
However, if requested by the buyer, the seller may agree to contract on usual terms at the buyer’s risk and expense for the on-going carriage of the goods beyond the named place at the frontier to the final destination in the country of import named by the buyer. The seller may decline to make the contract and, if it does, shall promptly notify the buyer accordingly.

(b) Contract of insurance

No obligation.
B3

Contract of Carriage and Insurance
(a) Contract of carriage

No obligation.

(b) Contract of insurance

No obligation.
A4

Delivery

The seller must place the goods at the disposal of the buyer on the arriving means of transport not unloaded at the named place of delivery at the frontier on the date or within the agreed period.
B4

Taking Delivery

The buyer must take delivery of the goods when they have been delivered in accordance with A4.
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 form 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 loss of or damage to the goods from the agreed date or the expiration date of the agreed period for delivery 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:
In addition to the costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4, and
Where applicable, the costs of customs formalities necessary for export as well as all duties, taxes, or other charges payable upon export of the goods and for their transit through any country prior to delivery in accordance with A4.
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, including the expenses of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of delivery at the frontier, and
All additional costs incurred if it fails to take delivery of the goods from the arriving means of transport at the named place of delivery at the frontier; and
Where applicable, the cost of customs formalities as well as all duties, taxes and other charges payable upon import of the goods and for their subsequent transport.
A7

Notice to the Buyer

The seller must five the buyer sufficient notice of the dispatch of the goods to the named place at the frontier as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
B7

Notice to the Seller

The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, 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 with the usual document or other evidence of the delivery of the goods at the named place at the frontier in accordance with A3.
The seller must, should the parties agree on on-going carriage beyond the frontier in accordance with A3 a) provide the buyer at the buyer's request, risk and expense, with the through document of transport normally obtained in the country of dispatch covering on usual terms the transport of the goods from the point of dispatch in that country to the place of final destination in the country of import named by the buyer.
Where the seller and the buyer have agreed to communicate electronically, the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange (EDI) message.
B8

Proof of Delivery, Transport Document or Equivalent Electronic Message

The buyer must accept the delivery order or the transport document in accordance with A8.
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 agreed or usual for the particular trade to deliver the goods of the contract description unpacked) which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances (for example modalities, destination) are made known to the seller before the contract of sale is concluded. 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 origin which the buyer may require for the 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.
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 its assistance in accordance therewith. If necessary, according to A3 a), the buyer must provide the seller at its request and the buyer’s risk and expense with the exchange control authorisation, permits, other documents or certified copies thereof, or with the address of the final destination of the goods in the country of import for the purpose of obtaining the through document of transport or any other document contemplated in A8.

© 2004 John Michael Pierobon

Notes