DES - DELIVERED EX SHIP 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 its own risk and expense any export licence or other official authorisation or other documents and carry out where applicable, all customs formalities necessary for the export of the goods 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 and carry out, where applicable, all customs formalities necessary for the import of the goods
A3

Contract of Carriage and Insurance
(a) Contract of carriage

The seller must contract at its own expense for the carriage of the goods to the named point, if any, at the named port of destination. If a point is not agreed or is not determined by practice, the seller may select the point at the named port of destination which best suits its purpose

(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 board the vessel at the unloading port of destination on the date or within the agreed period, in such a way as to enable them to be removed from the vessel by unloading equipment appropriate to the nature of the goods
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 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 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.
A6

Division of Costs

The 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
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 discharge operations necessary to take delivery of the goods from the vessel; and
All additional costs incurred if it fails to take delivery of the goods when they have been placed at its disposal in accordance with A4, or to give notice in accordance with B7, provided, however, that the goods have been appropriated t the contract, that is to say, clearly set aside or otherwise identified as the contract goods.
Where applicable, the costs of customs formalities as well as all duties, taxes and other charges payable upon import of the goods.
A7

Notice to the Buyer

The seller must give the buyer sufficient notice of the estimated time of arrival of the nominated vessel 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 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 in the named port of 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 sellerís expense with the delivery order and/or the usual transport document (for example a negotiable bill of lading, an on-negotiable sea-waybill, an inland waterway document, or a multimodal transport document) to enable the buyer to claim the goods from he carrier at the port of destination.
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 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.
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.
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.

© 2004 John Michael Pierobon

Notes