DAF DELIVERED AT FRONTIER (... named place) | |
«Delivered at Frontier» means that the
seller delivers when the goods are placed at the disposal of the buyer on
the arriving means of transport not unloaded, cleared for export, but not
cleared for import at the named point and place at the frontier, but
before the customs border of the adjoining country. The term «frontier»
may be used for any frontier including that of the country of export.
Therefore, it is of vital importance that the frontier in question be
defined precisely by always naming the point and place in the term.
However, if the parties wish the seller to be responsible for the unloading of the goods from the arriving means of transport and to bear the risks and costs of unloading, 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 when goods are to be delivered at a land frontier. When delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be use | |
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
or other official authorisation or other document necessary for placing
the goods at the buyer's disposal.
The seller must carry out, where applicable, all customs formalities necessary for the export of
the goods to the named place of delivery at the frontier 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, and for their subsequent transport. |
A3 Contracts of carriage and insurance
a) Contract of carriage
i) The seller must contract at his own expense for the carriage of
the goods to the named point, if any, at the place of delivery at the
frontier. If a point at the named place of delivery at the frontier is not
agreed or is not determined by practice, the seller may select the point
at the named place of delivery which best suits his purpose.
ii) However, if requested by the buyer, the seller may agree to
contract on usual terms at the buyer's risk and expense for the on-going
carriage of the goods beyond the named place at the frontier to the final
destination in the country of import named by the buyer. The seller may
decline to make the contract and, if he does, shall promptly notify the
buyer accordingly.
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 on the
arriving means of transport not unloaded at the named place of delivery at
the frontier on the date or within the agreed period. |
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 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 the 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 unloading
necessary to take delivery of the goods from the arriving means of
transport at the named place of delivery at the frontier; and
• all additional costs incurred if he fails to take delivery of
the goods when they have been delivered in accordance with A4, or to give
notice in accordance with B7, provided, however, that the goods have been
appropriated to the contract, that is to say, clearly set aside or
otherwise identified as the contract goods; and
• where applicable, the cost of customs formalities as well as all duties,
taxes and other charges payable upon import of the goods and for their
subsequent transport. |
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of
the goods to the named place at the frontier 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. |
A8 Proof of delivery, transport document or equivalent
electronic message
i) The seller must provide the buyer at the seller's expense with the
usual document or other evidence of the delivery of the goods at the named
place at the frontier in accordance with A3 a) i).
ii) The seller must, should the parties agree on on-going carriage
beyond the frontier in accordance with A3 a)
ii), provide the buyer at the latter's request, risk and expense,
with the through document of transport normally obtained in the country of
dispatch covering on usual terms the transport of the goods from the point
of dispatch in that country to the place of final destination in the
country of import named by the buyer.
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.
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B8 Proof of delivery, transport document or equivalent
electronic message
The buyer must accept the transport document and/or other evidence of
delivery 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
agreed or usual for the particular trade to deliver the goods of the
contract description unpacked) which is required for the delivery of the
goods at the frontier and for the subsequent transport to the extent that
the circumstances (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 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 origin which the buyer may
require for the 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.
If necessary, according to A3 a) ii), the buyer must provide the
seller at his request and the buyer's risk and expense with the exchange
control authorisation, permits, other documents or certified copies
thereof, or with the address of the final destination of the goods in the
country of import for the purpose of obtaining the through document of
transport or any other document contemplated in A8 ii). |