EX WORKS | |
«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 .This term should not be used when the buyer cannot
carry out the export formalities directly or indirectly. In such
circumstances, the FCA term should be used, provided the seller agrees
that he will load at his cost and risk. | |
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. |
B1 Payment of the price
The buyer must pay the price as provided in the contract of sale.
|
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. |
A3 Contracts of carriage and insurance
А) 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. |
А5 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. |
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. |
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. |