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EX WORKS
(... named place)
«Ex works» means that the seller delivers when
he
places the goods at the disposal of the buyer at the seller's
premises or another named place (i.e. works, factory, warehouse,
etc.) not cleared for export and not loaded on any collecting
vehicle.
This term thus represents the minimum obligation
for the seller, and the buyer has to bear all costs and risks
involved in taking the goods from the seller's premises However, if
the parties wish the seller to be responsible for the loading of the
goods on departure and to bear the risks and all the costs of such
loading, this should be made clear by adding explicit wording to
this effect in the contract of sale. In such
circumstances, the FCA term should be used, provided the seller
agrees that he will load at his cost and risk.
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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 render the buyer, at the latter's request, risk
and expense, every assistance in obtaining, where applicable,
any export licence or other official authorisation
necessary for the export of the goods. |
B2 Licences, authorisations and formalities The
buyer must obtain at his own risk and expense any export and
import licence or other official authorisation and carry out,
where applicable all customs formalities for the export of the goods.
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| A3 Contracts of carriage and
insurance À) Contract of carriage No obligation 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 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 points
available, the seller may select the point at the place of
delivery which best suits his purpose. |
B4 Taking delivery The buyer must take delivery
of the goods when they have been delivered in accordance with
A4 and A7/B7. |
| À5 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;and •
from the agreed date or the expiry date of any period fixed
for taking delivery which arise because he fails 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. |
| 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. 4. |
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 his 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.
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| A7 Notice to the buyer The
seller must give the buyer sufficient notice as to when and
where the goods will be placed at his disposal. |
B7 Notice to the seller The
buyer must, whenever he 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.
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| 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 his
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 latter'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 their
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 his assistance in
accordance therewith.
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