Terms & Conditions

KEENWAY INTERNATIONAL PTY LTD ABN 26 071 459 713 TERMS AND CONDITIONS

The company means Keenway International Pty Ltd ABN 26 071 459 713 carrying on business in its own name or under any other registered or unregistered business name.
The client means the person or company with whom this contract is made or who becomes bound by its terms and conditions or any other person or Company for whom business is done by the Company.

Goods means the cargo or articles or goods perishable or otherwise (including animals of any description) which the Client or any other person has provided together with any other container or any other packaging, pallets or other storing device supplied to the Company.

Services means the whole of the operations and services undertaken by the Company, including but not limited to forwarding clearing , shipment, carriage, transport and / or storage of any Goods.

Dangerous Goods means all such Goods as are in fact or at law noxious, dangerous, hazardous, explosive, radio active, inflammable, volatile or capable by their nature of causing damage or injury to other Goods or persons or animals or any other thing in which such dangerous goods are carried or stored, or any Goods which in the opinion of the Company are likely to cause damage or injury to persons, other Goods or property.

Perishable Goods means any Goods which are subject to waste or deterioration or spoilage over a period of time or through contact with other Goods or element, and includes, but is not limited to all chilled, frozen and refrigerated Goods.

1. The Company is not a common carrier and will accept no liability as such. All Services whatsoever are performed by the Company subject only to these terms and conditions which can only be altered by a written document signed by a director of the Company. Any terms or conditions contained in any document issued, delivered, tendered, sent or produced by the Client in relation to the Goods or Services referred to herein which are contrary to any provisions of these terms and conditions shall to the extent of such inconsistency be inapplicable. The Company reserves the right to refuse the carriage or transportation or storage or the provision of any other Services whatsoever in relation to any Goods at its absolute discretion and shall not be bound to give any reason for such refusal.

2. The Client warrants that in agreeing to the terms hereof, it has the authority of all persons having an interest in the Goods. The Client hereby irrevocably undertakes to indemnity and keep indemnified the Company and its servants and agents against any claim asserted against any of them by any person who claims to have any interest whatsoever in the Goods irrespective of how any such claim arises including claims attributable to negligence or breach of contract whether fundamental or not or wilful act or default of the Company or others.

3. The Company reserves the right to provide the Services by any means, route or procedure. The Client acknowledges that the Company is authorized to arrange for the provision of the Services by an independent contract or subcontractor or agent of the Company or by such other means as the Company shall see fit subject to any conditions imposed by any such independent contract or subcontractor or agent. The Client shall be bond by such conditions and will indemnify the Company and its servants and agents in respect of any claim made against them arising out of or in any way related to the Company having entered into any such arrangements as is referred to in this clause irrespective of whether or not such claim is attributable to negligence or breach of contract, whether fundamental or otherwise, or wilful act or default of the Company, its servants or agents.

4. The Client undertakes that no claim or allegation shall be made by any person against any other person (other than the Company), by whom any of the Services are provided which imposes or attempts to impose upon such person any liability whatsoever and howsoever arising including from negligence or breach of contract, whether fundamental or otherwise, or wilful act or default of the company or otherwise in connection with the Goods or Services. If any such claim or allegation should by made the Client undertakes to indemnify the Company and the person against whom such claim or allegation is made against the consequences thereof, for the purpose of this clause and these terms and conditions the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such persons and each of them and all such persons and each of them shall to this extent be or deemed to be parties to this contract.

5. A. When these conditions apply to or form part of an air waybill issued by the Company in its capacity as a contracting party for air transportation, it is agreed that the transportation to the airport of departure and from the airport of arrival does not constitute part of the contract of air carriage. As far as the Company takes over the arrangement or performance of such Services, this is done under a separate contract which is subject to these terms and conditions and (To the extent only to which these terms and conditions do not or cannot exclude or modify the operation of any applicable legislation) to that legislation.

5) Each term, condition, exemption, liberty and limitation contained herein and every defence, liberty, right, exemption and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect all subcontractors, every servant or agent of the Company of the subcontractor, every other person other than the Company by whom the Services or any part thereof are provided and all persons who are or any be vicariously liable for the acts or omissions of any persons referred to earlier in this clause and for the purpose of this clause, the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be deemed to be paries to this contract.

6) All Services are provided at the sole risk of the Client. The Company shall not be responsible either directly or vicariously for any loss whatsoever, howsoever and by whomsoever caused including without limiting the foregoing the negligence or breach of contract or bailment or wilful act or default of the Company or others. This clause shall apply to all the consequences of an loss of or damage to or deterioration of Goods or misdeliver or failure to deliver or delay in delivery of goods whether or not the same occurs in the course of performance by or on behalf of the Company of the Services or in events which are in the contemplation of the Company and/or the Client or in events which are foreseeable by them and events which could constitute a fundamental breach of the contract or a breach of a fundamental term thereof.

7) In all cases where liability has not been effectively excluded, whether by this agreement or by statute, convention or otherwise, the total liability of the Company for any loss or damage is limited to:

  • $100Australian
  • In the case of a breach of warranty under the Trade Practices Act 1974 the payment of the cost of having the Services supplied again.

8) (a) The Company’s charges shall be considered earned by the Company when the Goods are entrusted to the company, its servants or agents, for the purpose of Services being provided in connection therewith. The Company’s charges will be paid within 7 days of invoice. Should any amount not be paid on due date then any outstanding amount will attract interest at the rates laid down from time to time the Penality Interest Rates Act. 1983 (Vic). If the Company incurs any expenses in relation to the provision of services for the Client prior to the Goods being entrusted to the Company, its servants or agents, then the Client will reimburse the Company in respect of such expenses. If any such expenses or the Company’s charges or part Thereof shall be in arrears and unpaid for three months, the Company may give seven days notice in writing to the Client at its last known address requiring it to pay the charges. If upon the expiration of seven days from the posting of such notice the Client has failed to pay such charges the Company may sell such Goods or any part thereof and may open any person for any loss or damage whatsoever thereby caused. Any rates quoted by the Company for the provision of Services are exclusive of any packet or other object in which the Goods are contained for that purpose and shall not he liable to any tax, duties, levies, imposts, deposits or outlays incurred in any way whatsoever in respect of the provision of Services (including, but not limited to, any goods and services tax levied under the A New Tax System (Goods and Services Tax) Act 1999(Cth) as amended or collectively referred to as the charges, are raised against the Company arising out of in any way related to the provision by it of Services, then any such charges will be met by the Client who hereby indemnifies the Company, its servants or agents in respect of any such charges

(b) Should the Company afford any Client credit, then the Company will be entitled on giving the Client two days written notice to its last known address to revoke the Client’s entitlement to credit. The Client undertakes not to withhold payment of any amounts due to the Company on the ground that the Client has or will sustain any losses for which it holds the Company responsible.

(c) The Company is entitled to retain and be paid any brokerage, commission, allowances and other remuneration retained by or paid to shipping agents, forwarding agents and insurance brokers

(d) Quotations are given by the Company on the basis that the prices quoted will remain firm for thirty (30) days after the quotation. If however any changes occur in freight rates, customs duties, insurance premiums or any other charges applicable to the freight, the price quoted shall be subject to revision without notice.

9). The Company shall have a general lien and a particular lien on all Goods or documents relating to any and all Goods in their possession for any and all sums due at any time from the Client, and shall be entitled to sell or dispose of such Goods or documents at the expense of the Client and apply the proceeds in or towards the payment of such sums on 28 days notice in writing to the Client notwithstanding the fact that the Goods or documents thereby sold or disposed of do not relate to the sum or sums due to the Company. Without limiting this clause 9, the Client indemnifies the Company against all solicitor-client legal costs incurred by the Company for any reason in respect of these conditions and any contract hereunder, and the lien hereunder shall be available to cover all such costs incurred by the Company.

10). The Company is under no obligation whatsoever to effect insurance on any Goods nor to arrange for any subcontractor or agent engaged in the course of providing the Services to effect such insurance, and the Client acknowledges that such insurance will not be effected. Insurance of the Goods is the sole responsibility of the Client and the Client shall bear any costs incurred in respect of such insurance.

11). Expect under special arrangements previously made in writing with the Client, the Company will not carry and the Client warrants that it will not tender for carriage or storage or the provision of any Services, any Dangerous Goods. The Client shall be liable for and will indemnify the Company for all loss and damage whatsoever caused by any Dangerous Goods and if in the opinion of the Company the Goods are or are liable to become of a dangerous, inflammable, explosive, volatile, offensive or damaging nature the Goods or any part thereof may at any time be retained, destroyed, disposed of, abandoned or rendered harmless by the Company at the Client’s cost without compensation to the Client and without prejudice to the Company’s right to any other rights hereunder.

12) It is the sole responsibility of the Client to address adequately each consignment and to provide written delivery instructions to enable effective delivery to be made and the Company shall not be liable for delay in forwarding or deliver resulting form the Client’s failure to comply with its obligations in this regard.

13) The Client warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of the Goods or Services to be provided in respect of the Goods and the Goods are packed in manner adequate to withstand the ordinary risk attendant on the Services to be provided having regard to their nature and the Client hereby indemnifies the Company for any liability whatsoever as a result of or arising out of the Client’s failure to comply with each of these warranties. The Company does not warrant that any Goods in respect of the Goods without infringing the law of any country or state from, to or through which the Goods are destined or may be carried, stored or otherwise dealt with.

14) (a) The Client shall be responsible for the conformity of any containers, packaging or pallets or other objects in or on which the Goods are stored, packaged or contained with any requirements of the consignee or any relevant person or authority and from any expense incurred by the Company arising form any failure to so conform.

(b) If there are instructions from the Client to collect freight, duties, charges or other expense form a consignee or any other person, the Client shall remain responsible for the same if they are not paid by such consignee or other person.

15) Notwithstanding any other provisions thereof other than clause 17, any claim for loss or damage must be notified in writing to the Company within seven (7) days of the date upon which the Goods should have been delivered or seven (7) days of the date on which any Services should have been provided. The Company shall be discharged of all liability howsoever arising unless suit is brought against the Company within nine (9) months after deliver of the Goods or the date when the Goods should have been delivered or the date upon which Services should have been provided.

16) All the rights, immunities and limitations of liability contained in these terms shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contact or of any of these terms and conditions by the Company or any other person entitled to the benefit of such provisions.

17) If any provisions or part of any provision of these terms and conditions is unenforceable such unenforceability shall not affect any other par of such provision or any other provision hereof.

18) Nothing contained herein shall be read or implied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of Services herein contemplated of all or any of the provisions of Part V of the Trade Practices Act 1974 as amended or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.

19) In addition to and without prejudice to the preceding terms and conditions, the Client undertakes that it will in all circumstances indemnify the Company against all liability suffered or incurred by the Company arising directly or indirectly from or in connection with the provision of Services irrespective of the cause of such liability including from negligence or breach of contract whether fundamental or otherwise and form wilful act or default of the Company or others in connection with the Goods or the Services.

20) Instructions to collect payment on delivery (COD) in cash or otherwise are accepted by the Company upon the condition that the Company will have no responsibility whatsoever for any failure to collect payment on delivery or for the consequences of any failure on the part of the Company, its servants or agents to collect such payment upon delivery irrespective of weather such failure is attributable to negligence or breach of contract, whether or not of a fundamental term or a fundamental breach of contact.

21) Perishable Goods which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable may be sold or otherwise disposed of by the Company without any notice to the Client and payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be deemed to constitute delivery.

22) The Company shall be entitled to sell or dispose of all non-perishable Goods which in the opinion of the Company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee, or for any other reason whatsoever upon giving twenty one (21) days notice in writing to the Client at its last known address. All charges and expenses incurred in connection with the storage and sale or disposal of the Goods shall be paid by the Client and the Company shall be entitled to meet such charges and expenses out of the sale proceeds of the Goods.

23) Except under special arrangements previously made in writing, the company will not accept or provide any Services in relation to bullion, coins, precious stones, jewellery, antiques, pictures, livestock or plans. Should any Client nevertheless deliver any such Goods to the Company otherwise than under special arrangements made in writing, the Company, without detracting from anything else provided for in these term, shall be under no liability whatsoever for such Goods.

24) The agreement between the Company and the Client shall be governed by Victorian law and all disputes referred to the exclusive jurisdiction of the Victorian courts.

25) The use by a Client or the proffering by a Client of any document containing its terms and conditions shall in no way derogate from these terms and conditions. The whole of which, notwithstanding anything contained in any terms and conditions proffered by the Client, constitute the terms of the agreement entered into. Should it be said that any terms and conditions proffered by a Client are incorporated into any agreement between the Company and the Client, then any provision in any terms and conditions proffered by the Client which is contrary to these and conditions shall to the extent of such inconsistency be inapplicable.

26) The Company shall not be bound by any agreement purporting to vary these terms and conditions unless such agreement is in a written document signed on behalf of the Company by a director.

27) Any certificate of a director or secretary of the Company for the time being or any other person properly authorized by the Company shall be conclusive evidence as to any matter so certified.

THE SHIPPING BOOKING TERMS

Booking and contract: In this document “you” means the Booking Party and the Shipper, jointly and severally. The Booking Party warrants to Keenway International Pty Ltd that it has authority to enter into this contract on behalf of the Shipper. This Booking Confirmation confirms a contract between you and Keenway International Pty Ltd. The terms of the contract are those contained in this document, together with the Terms and Conditions of Shipping lines’ standard Bill of Lading or Sea Waybill as applicable. You remain bound by the terms of the contract, and responsible for all liabilities arising in connection with this booking, the carriage of the goods, despite any later variation or purported supersession of the contract, including the nomination of a different shipper for the purposes of the Bill of Lading.

Freight and charges: The freight and charges stated in Keenway International Pty Ltd’s applicable tariff with effect as at the date of shipment are incorporated into this contract. Details of the freight and charges under the applicable tariff are available from Keenway International Pty Ltd upon request. All freight and charges quoted in this Booking Confirmation are correct and valid at the time of booking but are subject to change, without notice to you, at any time up to the date of shipment. The Merchants are herewith informed that this booking is subject to documentation fees due at destination, in addition to other local charges, payable prior to delivery. For further information please contact your customer service representative.

Hazardous Cargo: If you are shipping dangerous, hazardous or radio-active goods, you must obtain a written certificate of declaration (issued in accordance with the applicable laws of both the ports of loading and discharge) proving that the goods (including the container etc) are properly marked, labelled and packed and that the correct technical name, nature and class of goods is clearly stated. It is also your responsibility to ensure that bulk-break goods are distinctly and permanently marked. The certificate of declaration must be provided a minimum of 48 hours prior to general cargo cut-off, otherwise Keenway International Pty Ltd will not accept the goods for shipment and you will be liable for all additional charges that are incurred. Keenway International Pty Ltd and its agents rely on the information contained in the certificate of declaration and on the labels and markings and will not be liable for any loss or damage arising from reliance on this information. You agree to indemnify Keenway International Pty Ltd and its agents against all liabilities arising from such reliance, and/or from a failure to provide the certificate of declaration before the specified deadline.

Weight: You are responsible for declaring the accurate weight of the goods. Keenway International Pty Ltd and its agent, Keenway International Pty Ltd do not accept any liability for, and you agree to indemnify Keenway International Pty Ltd in respect of, any loss or damage arising from, or in connection with, any inaccuracy in the weight as declared by you. You must ensure that the weight of the goods packed inside the container does not exceed the maximum payload marked on the container’s CSC Plate.

Flat-rack, platform & open-top containers: If your Booking is for out of gauge cargo, this booking is conditional on the dimensions as stated by you being confirmed by a survey of the consignment as presented for shipment at the load port or at another place with Keenway International Pty Ltd’s consent. If your booking is for in-gauge cargo in or on flat-rack or platform containers, this booking is conditional on the adequacy of the lashing and securing being confirmed by a survey of the consignment as presented for shipment at the load port or at another place with Keenway International Pty Ltd’s consent.

You appoint Keenway International Pty Ltd as your agent to arrange the survey on your behalf and at your expense, and you release Keenway International Pty Ltd from any liability in connection with the selection of the surveyor, the performance of the survey and the content of the survey report. Keenway International Pty Ltd may elect whether or not it accepts the content of the survey.

Cancellation fees: In view of the increasing incidence of “no show”, “double bookings”, cargo rolled from one sailing to another and or “late cancellation”, which is causing our Principal and us considerable cost. We would advise that we may impose a booking cancellation fee of AUD 50/unit with immediate effect. This fee will apply for all containers booked but not shipped, unless the exporter provides us with written notification of the cancellation 10 days prior to the vessel cut-off date.

Export container detention charges: Please be advised that Shipping lines usually grant 10 days free export detention on all export containers. These 10 free calendar days if granted are calculated from the date the empty container is picked up from the depot, until the date the container is returned back full to the terminal for export. Please note that export container detention charges will apply to containers that are picked up empty from depot and not shipped within 10 days. Their current daily export detention charges are and subject to change without notice:

Dry Container 20GP 40GP 40HC
0-10 days Free Free Free
11-17 days AUD40/day AUD80/day AUD80/day
18-30 days AUD80/day AUD160/day AUD160/day
Thereafter AUD100/day AUD200/day AUD200/day
Reefer Container 20RF 40RF 40HC
0-10 days Free Free Free
11-20 days AUD80/day AUD160/day AUD160/day
21days – thereafter AUD160/day AUD320/day AUD320/day

Draft bills of lading approval: Upon receipt of Shipping Instructions, a Bill will be obtained and placed in draft status for approval. The draft Bills of Lading must be approved within 24 hours after the Vessel departure. Any Bills of Lading not approved within this time frame will be placed into issued status for manifest purposes. Amendments done before the vessel closure are free of charge, except for Change of destination and/or Weight changes. Any amendments requested after a vessel closure will be subject to charges as stipulated on the Shipping lines’ surcharges notice.

Payment condition: Payment should be received on our bank account before release of bill(s) of lading, in case of credit agreement between our companies, latest 2 days after sailing date of vessel unless agreed otherwise. We reserve the right to charge you legal interest in case of late payment.

Shipper hereby declares:
Please act as our agents in arranging carriage of the above specified goods. We undertake to pay all duties freight and carriage which cannot be collected from the consignee. The shipper certifies that the above particulars are complete and correct. We are aware of and accept the standard Trading Terms & Condition of Keenway International Pty Ltd and the conditions of Carriage as stipulated on the reverse of Keenway Bill of Lading and which is available upon request.

As a representative of …………………………I confirm that we are the owner or originator of cargo we present for carriage, and confirm that the cargo is prepared and handled in a manner which will not compromise its security standing.

International Shipping Intercom

Incoterms or International Commercial terms are a series of international sales terms, published by International Chamber of Commerce (ICC) and widely used in international commercial transactions. These are accepted by governments, legal authorities and practitioners worldwide for the interpretation of most commonly used terms in international trade. This reduces or removes altogether uncertainties arising from different interpretation of such terms in different countries. Scope of this is limited to matters relating to rights and obligations of the parties to the contract of sale with respect to the delivery of goods sold. They are used to divide transaction costs and responsibilities between buyer and seller and reflect state-of-the-art transportation practices. They closely correspond to the U.N. Convention on Contracts for the International Sale of Goods. The first version was introduced in 1936 and the present dates from 2000.

As of January 1, 2011 the eighth edition, Incoterms 2010,[1][2] have effect. The changes therein affect all of the five terms previously listed in section D, which are now obsoleted and replaced with these three: DAT (Delivered at Terminal), DAP (Delivered at Place), and DDP (Delivered Duty Paid). The new terms apply to all modes of transport.

Group E – Departure

EXW – Ex Works (named place) The seller makes the goods available at his premises. The buyer is responsible for all charges. This trade term places the greatest responsibility on the buyer and minimum obligations on the seller. The Ex Works term is often used when making an initial quotation for the sale of goods without any costs included. EXW means that a seller has the goods ready for collection at his premises (Works, factory, warehouse, plant) on the date agreed upon. The buyer pays all transportation costs and also bears the risks for bringing the goods to their final destination.ki

Group F – Main carriage unpaid

FCA – Free Carrier (named places) The seller hands over the goods, cleared for export, into the custody of the first carrier (named by the buyer) at the named place. This term is suitable for all modes of transport, including carriage by air, rail, road, and containerised / multi-modal sea transport. This is the correct “freight collect” term to use for sea shipments in containers, whether LCL (less than container load) or FCL (full container load). FAS – Free Alongside Ship (named loading port) The seller must place the goods alongside the ship at the named port. The seller must clear the goods for export. Suitable only for maritime transport only but NOT for multimodal sea transport in containers (see Incoterms 2010, ICC publication 715). This term is typically used for heavy-lift or bulk cargo.
FOB – Free on board (named loading port) The seller must themself load the goods on board the ship nominated by the buyer, cost and risk being divided at ship’s rail. The seller must clear the goods for export. Maritime transport only but NOT for multimodal sea transport in containers (see Incoterms 2010, ICC publication 715). The buyer must instruct the seller the details of the vessel and port where the goods are to be loaded, and there is no reference to, or provision for, the use of a carrier or forwarder. It DOES NOT include Air transport. This term has been greatly misused over the last three decades ever since Incoterms 1980 explained that FCA should be used for container shipments.

Group C – Main carriage paid

CFR or CNF – Cost and Freight (named destination port) Seller must pay the costs and freight to bring the goods to the port of destination. However, risk is transferred to the buyer once the goods have crossed the ship’s rail. Maritime transport only and Insurance for the goods is NOT included. Insurance is at the Cost of the Buyer. CIF – Cost, Insurance and Freight (named destination port) Exactly the same as CFR except that the seller must in addition procure and pay for insurance for the buyer. Maritime transport only. CPT – Carriage Paid To (named place of destination) The general/containerised/multimodal equivalent of CFR. The seller pays for carriage to the named point of destination, but risk passes when the goods are handed over to the first carrier. CIP – Carriage and Insurance Paid (To) (named place of destination) The containerised transport/multimodal equivalent of CIF. Seller pays for carriage and insurance to the named destination point, but risk passes when the goods are handed over to the first carrier.

Group D – Arrival

DAF – Delivered At Frontier (Deliveplace) This term can be used when the goods are transported by rail and road. The seller pays for transportation to the named place of delivery at the frontier. The buyer arranges for customs clearance and pays for transportation from the frontier to his factory. The passing of risk occurs at the frontier. DES – Delivered Ex Ship (named port) Where goods are delivered ex ship, the passing of risk does not occur until the ship has arrived at the named port of destination and the goods made available for unloading to the buyer. The seller pays the same freight and insurance costs as he would under a CIF arrangement. Unlike CFR and CIF terms, the seller has agreed to bear not just cost, but also Risk and Title up to the arrival of the vessel at the named port. Costs for unloading the goods and any duties, taxes, etc… are for the Buyer. A commonly used term in shipping bulk commodities, such as coal, grain, dry chemicals – – – and where the seller either owns or has chartered, their own vessel. DEQ – Delivered Ex Quay (named port) This is similar to DES, but the passing of risk does not occur until the goods have been unloaded at the port of destination. DDU – Delivered Duty Unpaid (named destination place) This term means that the seller delivers the goods to the buyer to the named place of destination in the contract of sale. The goods are not cleared for import or unloaded from any form of transport at the place of destination. The buyer is responsible for the costs and risks for the unloading, duty and any subsequent delivery beyond the place of destination. However, if the buyer wishes the seller to bear cost and risks associated with the import clearance, duty, unloading and subsequent delivery beyond the place of destination, then this all needs to be explicitly agreed upon in the contract of sale. DDP – Delivered Duty Paid (named destination place)

This term means that the seller pays for all transportation costs and bears all risk until the goods have been delivered and pays the duty. Also used interchangeably with the term “Free Domicile”. The most comprehensive term for the buyer. In most of the importing countries, taxes such as (but not limited to) VAT and excises should not be considered prepaid being handled as a “refundable” tax. Therefore VAT and excises usually are not representing a direct cost for the importer since they will be recovered against the sales on the local (domestic) market.

Summary of terms

NOTE: The following information refers to Incoterms 2000 and is now replaced with different information in Incoterms 2010[3] For a given term, “Yes” indicates that the seller has the responsibility to provide the service included in the price. “No” indicates it is the buyer’s responsibility. If insurance is not included in the term (for example, CFR) then insurance for transport is the responsibility of the buyer or the seller depending on who owns the cargo at time of transport. In the case of CFR terms, it would be the buyer while in the case of CIF or CIP terms, it would be the seller.

Incoterms Load to truck Export- duty payment Transport to exporter’s port Unload from truck at port of origin Landing charges at port of origin Transport to importer’s port Landing charges at importer’s port Unload onto trucks from the importers’ port Transport to destination Insurance Entry – Customs clearance Entry – Duties and Taxes
EXW No No No No No No No No No No No No
FCA Yes Yes Yes No No No No No No No No No
FAS Yes Yes Yes Yes No No No No No No No No
FOB Yes Yes Yes Yes Yes No No No No No No No
CFR Yes Yes Yes Yes Yes Yes Yes No No No No No
CIF Yes Yes Yes Yes Yes Yes No No No Yes No No
CPT Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No
CIP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
DAF Yes Yes Yes Yes Yes Yes No No No No No No
DES Yes Yes Yes Yes Yes Yes No No No No No No
DEQ Yes Yes Yes Yes Yes Yes Yes No No No No No
DDU Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No
DDP Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No