(INCOTERMS) USED IN THE SALE - PURCHASE CONTRACTS Fahad Mahmud Mirza Abstract INCOTERMS (International Commerial Term!) are t"e Trade term!# $%&li!"e' &( t"e International C"am&er o) Commere (ICC)* T"e!e term! are ommonl( %!e' in international ontrat! an' are o) t"e $rini$le to la( 'o+n t"e r%le! to "arateri,e t"e role an' t"e om$%l!ion! (&ot" )inanial an' le-al re!$on!i&ilitie!) &et+een t"e Seller! an' t"e .%(er!# in/ol/e' in an international ommerial tran!ation in/ol/in- arria-e o) mer"an'i!e# -lo&all( )rom one $lae to anot"er* T"e $a$er 'i!%!!e! t"e $ro$ortional re!$on!i&ilitie! an' lia&le o&li-ation! on t"e Seller an' t"e .%(er %n'er INCOTERMS -ro%$! an' !tatement!# an' "o+ e))eti/e t"e term! an $la( t"eir role on ma0in- t"e tra'e omm%niation o) le-alitie! ea!ier* I. INTRODUCTION The economic market and trade traffic of this century beyond doubt consists of singe uni!ersa market. The "uyers and #eers most of the times find themse!es on different continents in different $arts of the %ord& they communicate by ha!ing a uniform and homogeneous set of trading& chiefy kno%n as International Commercial Terms 'INCOT(RM#) to he$ understand and route $ro$ery through internationa transactions and aso carify each of the "uyer*s and #eer*s roe in this su$$y chain of trade and transactions. INCOT(RM# are a series of !arious internationa saes terms& %hich %ere first& $ubished by Internationa Chamber of Commerce 'ICC) back in +,-.& and then in the $resent dates of /000& /00, and no% /0+0. In the eary +,00*s& many of the internationa traders& %ho %ere situated in di!erse regions of the %ord& de!ised a set of short abbre!iations used for certain fre1uenty $racticed trading terms. On the other hand& due to dis$arity in cuture& associations& anguage and synta2& kno%edge and e2$erience& transations and inguistics& these trading terms had dissimiar meanings for these di!erse goba members of trade. The rise in confusion and common errors became a consistent stam$ and a constant risk in internationa trading and shi$$ing. For that reason& in order to encourage consistency and eiminate confusion& the Internationa Chamber of Commerce 'ICC) in +,-. de!eo$ed one standard and homogeneous set of IN3'Internationa)3CO3'Commercia)3 T(RM# for the traders %ord%ide to acce$t and $ractice. #ince then& these INCOT(RM# ha!e $ayed a key roe in goba business of e2change& and they s$ecificay address certain key res$onsibiities and com$usions& he$ing institute momentous and considerabe 4markers5 aong the chain of the micro3ogistics mechanism 6/7. There basic use is to define the reationshi$ bet%een the buyer and the seer& regarding the mode of dei!ery and to 8ustify the member %ho is su$$osed to organize for customer cearances and icenses. 9ong %ith the $assage of tite& these terms are used to iuminate as either %ho has to obtain insurance of the goods and merchandise during the trans$ort& generay kno%n as the transfer of risks and insurance res$onsibiities. From the dei!ery terms to the 8ustified dei!ery achie!ement and ho% the costs %i be aocated among the $arties are a co!ered in these sets INCOT(RM# 6+7. II. INCOT(RM# :ROU;# 9ND UTI<ITI(# There are a tota of +- Internationa Commercia Terms 'INCOT(RM#)& %hich are categorized to four ma8or grou$s in order of their utiity and com$rehension 6-7= 'i) Group E (Origins Group) 'ii) Group F (Carriage NOT PAID by te !eller) 'iii) Group C (Carriage PAID by te !eller) 'i!) Group D (Arri"al at te !tate# Destination) From the %arehouse to the destination of the dei!ery& there are amost +/ miestones or check$oints in the trans$ort $attern 6.7. For the com$rehension of the merchandise trans$ort track& the miestones 'in order of the $recedence) are=
'+) $areouse storage at origin '/) $areouse labor at origin '-) E%port pac&ing '>) 'oa#ing at origin '?) Inlan# (reigt '.) Port recei"ing carges '@) For)ar#ers (ee 'A) 'oa#ing on ocean carrier ',) Ocean*Air (reigt cargers '+0) Cargers at (oreign sipping+port or te airport '++) Customs, ta%es an# #uties abroa#, an# (inally '+/) Deli"ery carges to (inal #estination Be may use these check$oints to anayze the ma2imum e!e of res$onsibiities for "uyer and #eer in the res$ecti!e grou$s& to make the understanding and com$rehension of the res$onsibiities much easier. These terms re a$$icabe for tangibe goods ony& are ony !aid if they ha!e been agreed u$on on ceary contractua terms& and ha!e been named in $urchase agreements& genera $urchase and sae conditions& orders& order confirmations etc.& or incuded in a se$arate agreement. A- Group E The etter 4(5 is short for E%+$or&s '(2 means 4from5 and Borks means 4factory or %arehouse5)& %here a named $ace for shi$ment is a!aiabe to the "uyer& not the #eer. 9nd the #eer %i not contract for any trans$ortation. The abbre!iation for this grou$ is E.$ and an added ocation name is tagged %ith it& for e2am$e& E.$ /asim Port. The key characteristic of this grou$ is that the #eer re$resents to make the goods a!aiabe at his o%n $ro$erty& or his site& to the "uyer. Once the "uyer $icks u$ the goods& the #eer*s duties and obigations are com$eted and fufied. Ob!iousy& this grou$ forces the condition %here the #eer has !ery fe% obigations and has an e2tremey o% e!e risk of osses and the tite is transferred amost instantaneousy in the su$$y3chain net%ork. 9most from the beginning& it is the "uyer %ho utimatey bears the risk of osses and has to co!er and toerate %ith a the hazards and hurdes of the com$ete trans$ort. #ome manufacturers aso use the term (23Factory& %hich is as same as (23Borks. Using the check$oints abo!e& it is easier to understand no% that the #eer is res$onsibe from Check$oint C + to Check$oint C -& and the "uyer is res$onsibe from Check$oint C > to Check$oint C +/. In some $ractices& it is common that the #eer oads the goods on truck or the container %ithout charging the oading feesD Check$oint C >. 0- Group F The etter 4F5 is short for the %ord Free& and this grou$ incudes terms mentioned here in order of $recedence and res$onsibiities on #eer& 'i) FCA (Free Carrier) 'ii) FA! (Free Alongsi#e !ip) 'ii) FO0 (Free On+0oar#) The fundamenta characteristics of this grou$ are that "uyer and #eer ha!e agreed that the #eer is generay res$onsibe to dei!er the commodities or goods to a carrier or ocation designated by the "uyer. 9gain& once the #eer has effectuated the dei!ery to the s$ecified ocation by the "uyer& the #eer*s res$onsibiities tend to cease and the "uyer*s obigations tend to begin. 0- I- FCA (Free Carrier) The FCA (Free Carrier) is added %ith the name of $oint of de$arture or oading %ith it& for e2am$e& FCA 'aore. :eneray& under this term& the dei!ery of goods is conducted on a truck& a rai3car or container at the s$ecified $oint of de$arture& %hich are usuay the #eerEs o%n $remises& or a designated train station or e!en a named cargo termina or into the custody of the carrier& a at the #eerEs e2$ense. 9sides& the $oint at origin may or may not be a customs cearance center. "uyer is res$onsibe for the main carriage or freight& the freight insurance and other costs and risks associated. #ome manufacturers aso use the terms FOT (Free On+Truc&) and FO1 (Free On+1ail). The FC9 term is further di!ided in to t%o ty$esD one is the FCA !eller2s Premises& %here the #eer is res$onsibe only for oading the goods and not res$onsibe for inand freight. This carries the res$onsibiities of #eer from Check$oint C + to Check$oint C > ony& and the "uyer has obigations from Check$oint C ? to Check$oint C +/. The second FC9 term is FCA Name# Place 'Internationa Carrier) %here the #eer is res$onsibe for the Inand Freight. This carries the res$onsibiities of #eer from Check$oint C + to Check$oint C ?& and the "uyer*s obigations from Check$oint C . to Check$oint C +/. 0- II- FA! (Free Alongsi#e !ip) The FA! (Free Alongsi#e !ip) is added %ith the named $ort of origin& for e2am$e& FA! 3araci. This term is $o$uar for the Fbreak3buk shi$ments* and %ith the im$orting countries using their o%n !esses. The F9# term re1uires the #eer to cear the goods for e2$ort& %hich is a turnaround or a re!ersa from $re!ious $ractices mentioned here. :oods are $aced in the dock shack or at the side of the shi$& on the dock or ighter& %ithin the reach of its oading e1ui$ment so that they can be oaded aboard the shi$& a at the #eerEs e2$ense. "uyer is res$onsibe for the oading fee& main freight and shi$ment charges& cargo and goods insurance& and a other costs and concerning risks associated. 9ccordingy to the INCOT(RM# /000& the #eer %as res$onsibe from the Check$oint C + to Check$oint C .& the ;ort Recei!ing Charges& or Termina Charges 6?7. Recenty& in INCOT(RM# /0+0& the #eer is res$onsibe from the Check$oint C + to Check$oint C @& u$ ti the for%arder*s fee& %hich %as the obigation for the buyer in INCOT(RM# /0+0 6.7. No% the "uyer has obigations from Check$oint C A to Check$oint C +/. The Deli"ery is accom$ished once the goods are handed o!er to the "uyer*s For%arder for insurance and trans$ortation. 0- III- FO0 (Free On+0oar#) The FO0 (Free On+0oar#) is added %ith the named $ort of origin& the oading container or !esse& at the #eer*s e2$ense& for e2am$e FO0 !ingapore. Under the rues of INCOT(RM# +,,0 on%ards& the FO" term is s$ecificay used for ocean and in3and %ater%ay trans$ortation of goods and $roducts& and the #eer uses his freight for%arder to mo!e the commodities to the $ort of designated $ort of origin. 9though the rue is set that FO" be used for %ater%ays a%ays and ony& many im$orters and e2$orters sti use the FO" term in case of air freights as %e. North 9merican e2$orters and im$orters ha!e de!eo$ed some ne% functions& such as deaing on the o$en account and consignment basis& using the shi$$ing terms FO0 Origin and FO0 Destination 6>7. The term FO0 Origin coins that the "uyer is res$onsibe for the freight and other costs $us risks. 9nd the FO0 Destination defines that the #eer is accountabe for freight and other costs and risks. These terms are not the $art of INCOT(RM# and shoud a%ays be a!oided in internationa trades. 9ccordingy to the INCOT(RM# /000& the #eer had res$onsibiities from Check$oint C + to Check$oint C .& and aso for Check$oint C A= <oading on the Ocean Carrier& and the "uyer had res$onsibiities of Check$oint C @= For%arders fee and then from Check$oint C , to Check$oint C +/. Then in INCOT(RM# /0+0& the #eer no% has res$onsibiities from Check$oint C + to Check$oint C A& incuding the Check$oint C @= For%arder*s fee and the "uyer*s obigations start from Check$oint C , to Check$oint C +/. C- Group C The etter 4C5 is short for the %ord Cost& and this grou$ incudes terms here in order of $recedence and res$onsibiities on #eer& 'i) CF1 (Cost 4 Freigt) 'ii) CIF (Cost Insurance 4 Freigt) 'iii) CPT (Carriage Pai# To5) 'i!) CIP (Carriage 4 Insurance Pai# To5) The essentia characteristics of this grou$ing are that the #eer is obigated for contracting and $aying for the carrying and mo!ing of goods but has no obigation to bear %ith additiona costs nor has to bear %ith any sort of risk associated to osses& once the goods ha!e been shi$$ed. C- I- CF1 (Cost 4 Freigt) The CF1 (Cost 4 Freigt) is added %ith the named $ort of destination& at the #eer*s e2$ense& for e2am$e CF1 3araci. Under the rues of INCOT(RM# +,,0& the term is chiefy used for ocean freights ony. "ut sti& many $ractice this term for air cargo trade as %e. This term refers to%ards t%o distinct and se$arate res$onsibiitiesD first one is deaing %ith the actua cost of merchandiseD C, and the other one refers to the freight charges to a $redetermined destination $ointD F. It is the #eer*s $rime res$onsibiity under this term to ac1uire the goods from their door to the $ort of target& and dei!ery is com$eted at this time. It is then the "uyerEs res$onsibiity to co!er insurance from the $ort of origin or $ort of shi$ment ti his !ery o%n door. ;ro!ided that the #eer is res$onsibe for trans$ortation& the #eer aso chooses the for%arder under the rues. In this term of CFR& the #eer has res$onsibiities from Check$oint C + to Check$oint C ,& and the "uyer has obigations from Check$oint C +0 to Check$oint C +/. C- II- CIF (Cost Insurance 4 Freigt) The CIF (Cost Insurance 4 Freigt) is added %ith the named $ort of destination at the #eer*s e2$ense& for e2am$e& CIF Dubai. Under the rues of INCOT(RM# +,,0& the term is $rimariy dedicated for the use of ocean freight and trade& but as of ike other terms& this term is aso used for air freight $ur$oses by many traders under the od mind3set. This term is arranged simiar to the CFR as $re!iousy discussed& but instead of the "uyer insuring the $roducts for the marine $hase of the !oyage& the #eer %i assure the goods and $roducts. Bith this understanding and agreement& the #eer usuay chooses his o%n for%arder& and the dei!ery is accom$ished at the $ort of destination. In this term of CIF& the #eer has res$onsibiities from Check$oint C + to Check$oint C ,& and the "uyer has his obigations started from Check$oint C +0 to Check$oint C +/. C- III- CPT (Carriage Pai# To5) The CPT (Carriage Pai# To5) is added %ith named $ace of destination 'discharge) at the #eer*s e2$ense& for e2am$e CPT 6anattan. In C;T transactions& the #eer has the same obigations found %ith the term CIF& in addition that the #eer has to buy freight insurance& naming the "uyer as the insured %hie the goods are in transit. The term of C;T is configured to ad8ust res$onsibiities of #eer from Check$oint C + to the Check$oint C +0& and the "uyer has obigations from Check$oint C ++ to Check$oint C +/. C- I7- CIP (Carriage 4 Insurance Pai# To5) The CIP (Carriage 4 Insurance Pai# To5) is added %ith the named $ace of destination at the #eer*s e2$ense& for e2am$e CIP 'os Angeles. This term is $rimariy used for muti3mode trans$ort& because it reies on the carrierEs insurance. The #eer is ony re1uired to $urchase minimum co!erage. Bhen this $articuar agreement is in sight& the freight for%arders often act in conse1uence& as the carriers. The "uyerEs insurance is effectua %hen the goods are turned o!er to the For%arder. The term of CI; co!ers the res$onsibiities of #eer from Check$oint C + to the Check$oint C +0& and the "uyer has obigations from Check$oint C ++ to Check$oint C +/. The "uyer has res$onsibiities for customs& duties and ta2es and a the dei!ery charges at the fina destination. D- Group D The etter 4D5 is short for the %ord Deli"ery*Deli"ere#& and this grou$ incudes terms mentioned here in order of $recedence and res$onsibiities on #eerD 'i) DAF (Deli"ery+At+Frontier) 'ii) DE! (Deli"ere# E%+!ip) 'iii) DE/ (Deli"ere# E%+/uay) 'i!) DD8 (Deli"ere# Duty 8npai#) '!) DDP (Deli"ere# Duty Pai#) This grou$ing is e2acty the o$$osite of the Group E. In other %ords& the #eer has a the obigations of costs& risks& insurance& duties etc. and must make the merchandise a!aiabe at the named $ace of destination& %hich is usuay named by the "uyer and may aso be the "uyer*s factory. D- I- DAF (Deli"ery+At+Frontier) The DAF (Deli"ery+At+Frontier) is added %ith the s$ecified named $oint at the border& a at the #eer*s e2$ense& for e2am$e DAF 9ong 3ong. In this term& the #eerEs res$onsibiity is to em$oy a for%arder to take goods to a named border ine& %hich is usuay a border3crossing $oint& and cear them for e2$ort and the dei!ery occurs at that !ery time. The "uyerEs res$onsibiity is to arrange %ith their for%arder for the $icku$ of the goods after they are ceared for e2$ort& carry them across the border& cear them for im$ortation and cause the dei!ery. In most cases& the buyerEs for%arder handes the task of acce$ting the goods at the border across the foreign soi. In this term& the #eer has his res$onsibiities from Check$oint C + to Check$oint C +0& and the "uyer has obigations from Check$oint C ++ and Check$oint C +/. D-II- DE! (Deli"ere# E%+!ip) The DE! (Deli"ere# E%+!ip) is added %ith the named $ort of destination at the #eer*s e2$ense& for e2am$e DE! Osa&a- In this ty$e of transaction& it is the #eerEs res$onsibiity to get the goods to the $ort of destination or to engage the for%arder to the mo!e cargo to the $ort of the destination uncear. 9ny destination charges that occur after the shi$ is docked are the "uyerEs res$onsibiity. In this term& the #eer has res$onsibiities from Check$oint C + to Check$oint C ,& and the "uyer has res$onsibiities from Check$oint C +0 to Check$oint C +/. D- III- DE/ (Deli"ere# E%+/uay) The DE/ (Deli"ere# E%+/uay) is added %ith the named $ort of destination at the #eer*s e2$ense& for e2am$e DE/ 0ang&o&- In this ty$e of transaction& the "uyer is res$onsibe for duties and charges& and the #eer is res$onsibe for dei!ering the goods to the 1uay 'dock)& %harf 'anding stage) or $ort of destination. In a re!ersa of D(# $ractice& the "uyer has to arrange for customs cearance aso. In this transaction& the #eer has res$onsibiities from Check$oint C + to Check$oint C +0& and the "uyer has obigations from Check$oint C ++ to Check$oint C +/. D- I7- DD8 (Deli"ere# Duty 8npai#) The DD8 (Deli"ere# Duty 8npai#) is added %ith the named $oint of destination& often the $ro8ect site or the "uyer*s $remises& at the #eer*s e2$ense& for e2am$e DD8 7ancou"er. In this INCOT(RM& the #eer is res$onsibe for most of the e2$enses& %hich incude the cargo insurance& im$ort customs cearance& and $ayment of customs duties and ta2es at the buyerEs end. The seer may o$t not to insure the goods at his o%n risks. In this term& the #eer has res$onsibiities from Check$oint C + to Check$oint C +0 and aso for Check$oint C +/= Dei!ery Charges to Fina Destination. The "uyer has ony the res$onsibiity for Check$oint C ++= Customs& Duties and Ta2es 9broad. D- 7- DDP (Deli"ere# Duty Pai#) The DDP (Deli"ery Duty Pai#) is added %ith the named $oint of destination& %hich is again the $ro8ect site or "uyer*s $remises& for e2am$e DDP 0u:umbura. The DD; terms tend to be used in intermoda or courier3ty$e shi$ments. The #eer is res$onsibe for deaing %ith a the tasks in!o!ed in mo!ing goods from the manufacturing $ant to the "uyer*s door. It is the #eerEs res$onsibiity to insure the goods and absorb a costs and risks incuding the $ayment of duty and fees. In this term of transaction& the #eer has a the res$onsibiities from Check$oint C + to Check$oint C +/. III. INT(RN9TION9< T(RM# OF ;9GM(NT There are four basic Internationa Terms of ;ayment& based on the methods of $ayment& the time of $ayment and the risks associated %ith them to either #eer or the "uyer= 'i) Cas in A#"ance (No 1is& to !eller) 'ii) 'etter o( Cre#it ('*C) 'iii) Dra(ts 'i!) Open Account (No 1is& to 0uyer) Bhene!er Internationa Terms of ;ayment are estabished& it is necessary to consut the $ersona financia ad!isor or the banker and shi$$er to determine and anayze the best& suitabe o$tion %ith benefits. A- Cas in A#"ance The "uyer $ays the cash before the shi$ment is made& and goods are a!aiabe to the "uyer after the $ayment. In this mode of $ayment& there is no risk associated to the #eer& but com$ete set of risks associated %ith the "uyer& because he reies on the #eer that the goods are shi$$ed as e2acty e2$ected& ordered and 1uoted. 0- 'etter o( Cre#it ('*C) <etters of Credit re1uire tota accuracy in conforming to terms& conditions& and documentation. There is a Confirmed and Unconfirmed Irre!ocabe Credit& ty$es of <HC. In the Confirmed Irre!ocabe Credit& the $ayment is made after the shi$ment and the documents are then $resented to the bank. The #eer must take serious note that the Commercia In!oice must match the <HC e2actyD the dates must be carefuy headed and& as it is mentioned in ega anguage& the I#taeI documents are intoerabe for coection. The Confirmed Irre!ocabe Credit $ro!ides the seer a doube assurance of $ayments& and he aso de$ends on the terms of the etter of credit. This ty$e assures the "uyer that the shi$ment is made& but he reies on e2$orter to shi$ goods as described in documents. The Decision Terms can be negotiated and ackno%edged $rior to making an <HC agreement& mitigating the "uyerEs degree of risk. In the case of Unconfirmed Irre!ocabe Credit& the #eer has a singe bank assurance of $ayment and remains de$endent on o!erseas bank. It is recommended that the #eer shoud contact his banker to reso!e %hether the issuing bank has ade1uate assets& as much enough to co!er the amount. C- Dra(ts 9 draft may $erha$s be %ritten %ith $racticay any term or condition agreeabe to both the $arties in!o!ed in merchandise. Bhen determining the draft*s terms and conditions& it is necessary for both the $arties to consut %ith their banker and freight for%arder to agree on the most ad!antageous means of doing trade in a s$ecified country. 9 draft can be a coection too used to barter $ossession and tite to merchandise for $ayment. #eer is fundamentay dra%ing a check against the bank account of the "uyer. 9nd it is necessary that the "uyerEs bank must ha!e a $re3a$$ro!a& or must seek a$$ro!a of the "uyer $rior to honoring the check. There are t%o kinds of draftsD !igt Dra(ts and Time Dra(ts. In #ight Drafts& the $ayment is made to the #eer once the draft is $resented to "uyer& and the "uyer recei!es his goods once he $ays at the bank. For the #eer& if the draft is not $ri!ieged& then the goods must be returned or resod and the storage& handing& and arri!a freight e2$enses may aso be ac1uired. The Time Drafts are characterized so as that the $ayment is made to the #eer once the draft reaches its maturity. D- Open Account 9n o$en3account is usuay agreed u$on by an In!oice& by the #eer and the "uyer& and the shi$ment and goods are recei!ed by the "uyer before $ayment. This $ayment method can $ut the #eer in too dee$ risks as he has to com$etey rey on the "uyer to $ay the account as $er agreement. 9 terms the genera of $ayment& incuding the e2tra3charges and terms shoud be mutuay understood and agreed u$on $rior to an o$en3account initiation. It is im$ortant that the #eer must measure and confirm not ony the "uyerEs credit reiabiity but aso the countryEs accaim as %e. IJ. DIFF(R(NC( OF TK( CONTR9CT 9ND TK( INCOT(RM# The difference bet%een the INCOT(RM# and a contract is of high significance& as many may confuse these terms to be some sort of a contract. INCOT(RM# are ony a means of communication and a unit of conciiation bet%een the t%o $arties in!o!ed in the e2change& it is not a contract. To be e!en cearer& these terms do not com$ose a contract bet%een the "uyer and the #eer. (!en if there is a condition that the t%o $arties ha!e no contractua conformity bet%een them& they can sti 8ointy consent on INCOT(RM# and these terms do not ascertain a ega binding bet%een the t%o as a com$ete contract. Instead& the t%o $arties ha!e to set u$ a se$arate contract for the sae3$urchase transaction bet%een the t%o& and $art of the obigations and understandings of those $arties& based u$on this com$etey se$arate contract& are $ersonified in INCOT(RM#& forming the ega binding no%. In the case of dis$ute and confict bet%een the $arties& the con!entiona courts a%ays consider #aes Contract initiay& if there is any a!aiabe& and after that they consider the Course of ;erformance& the Course of Deaing and then the Industry #tandards a$$icabe. #ome additiona factors are aso generay considered that either %hich $erson has the $ossession& %hether the $ayment has been made or not and %hich INCOT(RM#& among the set& ha!e been utiized for trade. It is cear that INCOT(RM# are not the contract and are not the ega definition and %i ne!er& on their o%n& define the intent of the $arties. They neither define the contractua rights& nor the iabiities andHor obigations bet%een the $arties. J. CONC<U#ION The ma8or& and the ony& $ur$ose of INCOT(RM# is to $roduce an internationay standardized set of reguations go!erning the understanding of the most commony used contractua terms in o!erseas trade agreements and saes contracts of mo!abe& tangibe goods ony. INCOT(RM# do not s$ecify the trans$ort detais regarding the transfer and dei!ery of the $roducts& and most im$ortanty& INCOT(RM# are not iabe to $rotect a $arty from his o%n risk of oss. R(FR(NC(# 6+7. Roth& Biiam J. Lr. and Roth& Biiam J. III& 4INCOTERMS: Facilitating Trade in the Asian Pacific;& +,,@& Lourna of Internationa (conomic <a%& Uni!ersity of ;ennsy!ania& Jo. C A& No. C - 6/7. Ramberg& Lan& 4CISG and INCOTERMS 2 in C!nnecti!n "ith Internati!nal C!##ercial Transacti!ns5& /00A& #haring Internationa Commercia <a% across Nationa "oundaries& #immons M Kis ;ubishing '/00A)& -,>3>0- 6-7. UND; ;ractice :uide& 4Shi$$ing and INCOTERMS5& /00A& UND; ;ractice #eries& United Nations De!eo$ment ;rogram '%%%.und$.orgH$rocurement) 6>7. (2$ort De$artment& 4Internati!nal C!##ercial Ter#s %INCOTERMS&5& (2$ort ,++ '%%%.e2$ort,++.com) 6?7. I"T :uide& 4INCOT(RM# /000 C Chart of Res$onsibiity5& I"T :uide to INCOT(RM# /000& '%%%.i3b3t.netHincoterms) 6.7. #NGM9RT& 4INCOT(RM# /0+05& #NGM9RT BOR<DBID( '%%%.skymart%ord%ide.com)