DDU DELIVERED DUTY UNPAID (... named place of
destination)
«Delivered duty unpaid» means that the seller
delivers the goods to the buyer, not cleared for import, and not
unloaded from any arriving means of transport at the named place of
destination. The seller has to bear the costs and risks involved in
bringing the goods thereto, other than, where applicable, any
«duty»
(which term includes the responsibility for and the risks of the
carrying out of customs formalities, and the payment of formalities,
customs duties, taxes and other charges) for import in the country
of destination. Such «duty» has to be borne by the buyer as well
as
any costs and risks caused by his failure to clear the goods for
import in time.
However, if the parties wish the seller to carry
out customs formalities and bear the costs and risks resulting
therefrom as well as some of the costs payable upon import of the
goods, this should be made clear by adding explicit wording to this
effect in the contract of sale.
This term may be used irrespective of the mode of
transport but when delivery is to take place in the port of
destination on board the vessel or on the quay (wharf), the DES or
DEQ terms should be used.
THE SELLER'S OBLIGATIONS |
THE BUYER'S OBLIGATIONS |
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.
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B1 Payment of the price The
buyer must pay the price as provided in the contract of sale.
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A2 Licences, authorisations and formalities The
seller must obtain at his own risk and expense any export
licence and 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 Licences, authorisations and formalities The
buyer must obtain at his 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. |
A3 Contracts of carriage and
insurance a) Contract of carriage The seller must contract at
his 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 his purpose.
b) Contract of insurance No obligation. |
B3 Contracts 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, 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. |
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 he fail to fulfil his obligations in
accordance with B2, bear all additional risks of loss of or
damage to the goods incurred thereby. The buyer must,
should he 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 expiry 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 and other charges payable
upon export 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; and • all additional costs
incurred if he fails to fulfil his 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; and • 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 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 him to take delivery of the goods. |
B7 Notice to the seller The
buyer must, whenever he 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.
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A8 Proof of delivery, transport document or
equivalent electronic message The seller must provide the
buyer at the seller's expense 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. |
B8 Proof of delivery, transport document or
equivalent electronic message The buyer must accept the
appropriate delivery order or 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 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. |
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 latter'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 his assistance in
accordance therewith.
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