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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.
Whist 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.
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A
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THE
SELLER'S OBLIGATIONS
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A1
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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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A2
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Licences,
authorizations and formalities
The seller must obtain at his own risk
and expense any export and import licence
and other official authorization 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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A3
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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
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A4
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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.
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A5
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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
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A6
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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
formalites 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.
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A7
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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.
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A8
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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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A9
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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.
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A10
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Other
obligations
The seller must pay all costs and charges
incurred in obtaining any 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.
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B
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THE
BUYER'S OBLIGATIONS
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B1
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Payment
of the price
The buyer must pay the price as provided
in the contract of sale.
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B2
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Licences,
authorizations 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 authorization
necessary for the import of the goods.
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B3
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Contracts
of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation
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B4
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Taking
delivery
The buyer must take delivery of the goods
when they have been delivered in accordance
with A4.
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B5
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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 fulful
his obligations in accordance with B2,
bear all additional risks of loss of or
damge 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.
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B6
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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 apropriated to the contract,
that is to say, clearly set aside or otherwise
identified as the contract goods.
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B7
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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.
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B8
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Proof
of delivery, transport docuement or equivalent
electronic message
The buyer must accept the delivery order
or transport document in accordance with
A8.
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B9
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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.
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B10
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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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