|A||The Seller Must||B||The Buyer Must|
Provision of Goods in Conformity with the ContractThe 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.
Payment of the PriceThe buyer must pay the price as provided in the contract of sale.
Licenses, Authorizations and FormalitiesThe seller must obtain at its own risk and expense any export and import license and other official authorization or other documents and carry out, where applicable, all customs formalities necessary for the export of the goods, for their transit through any country and for their import.
Licenses, Authorizations and FormalitiesThe buyer must render the seller at the buyer's request, risk and expense, every assistance in obtaining, where applicable any import license or other official authorization necessary for the import of the goods.
Contract of Carriage and Insurance
The seller must contract at its own expense for the carriage of the goods to the named place of destination. If a specific 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.
Contract of Carriage and Insurance
DeliveryThe seller must place the goods at the disposal of the buyer, or at that of another person named by the buyer, on any arriving means of transport not unloaded at the named place of destination on the date or within the period agreed for delivery.
Taking DeliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A4.
Transfer of RisksThe 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.
Transfer of RisksThe 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 fulfill its obligations in accordance with B2, bear all additional risks of loss of or damage to the goods incurred thereby. 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 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.
Division of CostsThe seller must, subject to the provisions of B6, pay:
In addition to costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4; and,br> Where applicable, the costs of customs formalities necessary for export and import as well as all duties, taxes and other charges payable upon export and import of the goods, and for their transit through any country prior to delivery in accordance with A4.
Division of CostsThe buyer must pay:
All costs relating to the goods from the time they have been delivered in accordance with A4; and
All additional costs incurred if it fails to fulfill its obligations in accordance with B2, or to give notice in accordance with B7, 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.
Notice to the BuyerThe seller must give the buyer sufficient notice of the dispatch of the goods 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 delivery of the goods.
Notice to the SellerThe 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.
Proof of Delivery, Transport Document or Equivalent Electronic MessageThe seller must provide the buyer at the seller's expense with the delivery order and/or the usual transport document (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document) which the buyer may require to take delivery of the goods in accordance with A4/B4.
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.
Proof of Delivery, Transport Document or Equivalent Electronic MessageThe buyer must accept the delivery order or the transport document in accordance with A8.
Checking - Packaging - MarkingThe 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 his own expense packaging (unless it is usual for the particular trade to deliver the goods of the contract description unpacked) which is required for the delivery of the goods. Packaging is to be marked appropriately.
Inspection of GoodsThe buyer must pay the costs of any pre-shipment inspection except when such inspection is mandated by the authorities of the country of export.
Other ObligationsThe seller must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in B10 and reimburse those incurred by the buyer in rendering his assistance herewith.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance
Other ObligationsThe buyer must render the seller, at the seller's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of import which the seller may require for the purpose of making the goods available to the buyer in accordance therewith.
© 2004 John Michael Pierobon