EXW - EX WORKS 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 render the buyer, at the buyer's request, risk and expense, every assistance in obtaining, where applicable, any export license or other official authorization necessary for the export of the goods.	B2	Licenses, Authorizations and Formalities The buyer must obtain at its own risk and expense any export and import license or other official authorization and carry out, where applicable, all customs formalities for the export of the goods.
A3	Contract of Carriage and Insurance (a) Contract of carriage No obligation. (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 at the named place of delivery, not loaded on any collecting vehicle, on the date or within the period agreed or, if no such time is agreed, at the usual time for delivery of such goods. If no specific point has been agreed within the named place, and if there are several point available, the seller may select the point at the place of delivery which best suits its purpose.	B4	Taking Delivery The buyer must take delivery of the goods when they have been delivered in accordance with A4 and A7/B7.
A5	Transfer of Risks The seller must, subject tot 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 or damage the goods. From time they have been delivered in accordance with A4; and From the agreed date or the expiration date of any period fixed for taking delivery which arise because it fails to give notice in accordance with B7, provide, however, that the goods have been dully 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.	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; and Any additional costs incurred by failing either to take delivery of the goods when they have been placed at its disposal, or to give appropriate 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; and Where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon export. The buyer must reimburse all costs and charges incurred by the seller in rendering assistance in accordance with A2.
A7	Notice to the Buyer The seller must give the buyer sufficient notice as to when and where the goods will be placed at its disposal.	B7	Notice to the Seller The buyer must, whenever it is entitled to determine the time within an agreed period and/or the place of taking delivery, give the seller sufficient notice thereof.
A8	Proof of Delivery, Transport Document or Equivalent Electronic Message No obligation.	B8	Proof of Delivery, Transport Document or Equivalent Electronic Message The buyer must provide the seller with appropriate evidence of having taken delivery.
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 placing the goods at the buyer’s disposal. The seller must provide at its own expense packaging (unless it is usual for the particular trade to make the goods of the contract description available unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (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, including inspection 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 issued or transmitted in the country of delivery and/or of origin which the buyer may require for the export and/or import of the goods and, where necessary, for the 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.

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© 2004 John Michael Pierobon

Notes