EXW Ex Works
The seller places the goods at the buyer’s disposal at its premises, not loaded. The buyer bears all costs and risks, including loading and export clearance.
Pick an Incoterms rule and see who pays for what, or choose the responsibilities one by one and we will find the rule that fits.
Under EXW the seller has no duty to load; in practice the seller often loads, but at the buyer’s risk.
Under FCA, if the named place is the seller’s premises, pre-carriage falls to the buyer.
Insurance is mandatory for the seller only under CIF (minimum ICC C) and CIP (minimum ICC A). Under the other rules the party bearing the risk is advised to insure.
Under CFR/CIF these costs are the seller’s if included in the contract of carriage; under CPT/CIP they also follow the carriage contract.
Under CPT/CIP/DAP/DPU/DDP the seller carries to the named place. If that place is a port or terminal, onward transport is the buyer’s.
This table summarises the commonly accepted cost split under the Incoterms® 2020 rules. Your sales contract and the full ICC text of the rule are what bind the parties. Incoterms® is a registered trademark of the International Chamber of Commerce (ICC).
Seller = exporter, Buyer = importer
| Responsibility | EXW | FCA | FAS | FOB | CFR | CIF | CPT | CIP | DAP | DPU | DDP |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Packaging | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Loading at seller’s premises | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Pre-carriage (to port / terminal) | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Export customs clearance | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Origin terminal charges | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Loading on main carriage | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Main carriage (freight) | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller | Seller | Seller |
| Cargo insurance | – | – | – | – | – | Seller | – | Seller | – | – | – |
| Destination terminal charges | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller |
| Import clearance, duties and taxes | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller |
| On-carriage (to destination) | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Seller | Seller | Seller | Seller |
| Unloading at destination | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Buyer | Seller | Buyer |
The seller places the goods at the buyer’s disposal at its premises, not loaded. The buyer bears all costs and risks, including loading and export clearance.
The seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. Risk passes on that delivery.
The seller delivers the goods, cleared for export, alongside the buyer’s vessel at the named port. Loading on board and everything after is the buyer’s.
The seller loads the goods, cleared for export, on board the vessel nominated by the buyer. Risk passes once on board; the buyer pays the freight.
The seller pays the freight to the destination port, but risk passes to the buyer when the goods are on board at the port of shipment.
As CFR, plus the seller buys cargo insurance for the buyer with at least ICC (C) cover. Risk still passes on board at the port of shipment.
The seller pays carriage to the named destination, but risk passes when the goods are handed to the first carrier at origin.
As CPT, plus the seller buys cargo insurance with at least ICC (A), i.e. all-risks cover.
The seller brings the goods to the named place and delivers them on the arriving vehicle, ready for unloading. Import clearance and duties are the buyer’s.
The seller delivers the goods unloaded at the named place. The only rule where the seller unloads.
The seller delivers the goods cleared for import, duties paid, at the named place ready for unloading. The rule with the maximum obligation for the seller.
Incoterms® are 11 rules published by the International Chamber of Commerce (ICC) that define, in international sales, where the goods are delivered and where costs and risk pass from seller to buyer. The current edition is Incoterms® 2020.
Eleven. Seven can be used for any mode of transport: EXW, FCA, CPT, CIP, DAP, DPU and DDP. Four are for sea and inland waterway transport only: FAS, FOB, CFR and CIF.
DAT was renamed DPU; the minimum insurance cover under CIP was raised to ICC (A); FCA gained an option for an on-board bill of lading; and FCA, DAP, DPU and DDP now expressly allow the parties to use their own means of transport.
Containers are usually handed over at the terminal before loading, so the ICC recommends FCA instead of FOB, CPT instead of CFR, and CIP instead of CIF for containerised cargo.
No. Incoterms govern delivery obligations under the sales contract; they do not decide transfer of ownership, payment terms or the terms of the contract of carriage.
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