DDP DELIVERED DUTY PAID (... named place of destination) | |
«Delivered duty paid» means that the
seller delivers the goods to the buyer, cleared for import, and not
unloaded from any arriving means of transport at the named place of
destination. The seller has to bear all the costs and risks involved in
bringing the goods thereto including, where applicable any «duty» (which term includes the responsibility for
and the risk 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. Whilst the EXW term represents the minimum obligation for the seller, DDP represents the maximum obligation. This term should not be used if the seller is unable directly or indirectly to obtain the import licence. However, if the parties wish to exclude from the seller's obligations some of the costs payable upon import of the goods (such as value-added tax : VAT), this should be made clear by adding explicit wording to this effect in the contract of sale. If the parties wish the buyer to bear all risks and costs of the import, the DDU term should be used. 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 and
import licence and other official authorisation or other documents and
carry out, where applicable all customs formalities necessary for the export of the
goods, for their transit through any country and for their import.
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B2 Licences, authorisations and formalities
The buyer must render the seller at the latter's request, risk and
expense, every assistance in obtaining, where applicable any import licence or other official authorisation
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
and import as well as all duties, taxes and other charges payable upon
export and import 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; 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. |
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. |
A8 Proof of delivery, transport document or equivalent
electronic message
The seller must provide the buyer at the seller's expense with 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.
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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 pay all costs and charges incurred in obtaining the
documents or equivalent electronic messages mentioned in B10 and reimburse
those incurred by the buyer in rendering his assistance herewith. The seller must provide the buyer, upon request, with the necessary information for procuring insurance. |
B10 Other obligations
The buyer must render the seller, 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 import which
the seller may require for the purpose of making the goods available to
the buyer in accordance therewith. |
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