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Breakbulk - PPT Presentation

Americas 2011 Custom of the Port Agenda Panelists What is Custom of the Port What does Incoterms say Port perspectives Carrier perspective Solutions QuestionsAnswers Custom of the Port ID: 286754

port fob buyer custom fob port custom buyer seller costs incoterms vessel loading contract sales conditions antwerp case practice

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Slide1

Breakbulk Americas 2011

Custom of the PortSlide2

Agenda

Panelists

What is Custom of the Port?

What does

Incoterms

say?

Port perspectives

Carrier perspective

Solutions

Questions/AnswersSlide3

Custom of the Port

When does FOB not mean FOB?

How does Custom of the Port affect buyer and seller obligations?

Why do

Incoterms

not solve Custom of the Port issues? Slide4

So what is Custom of the Port?

FOB sales contract - seller obligation to deliver on board the vessel, buyer contracts for carriage.

Local practice (Custom of the Port) - decides how stevedoring and other port costs are distributed to seller or buyer. Practice varies between ports or even within a port. This distribution of costs between seller or buyer may conflict with standard FOB

Incoterms

seller/buyer allocation of costs.

Result – buyer surprise and most likely a dispute! Slide5

What does Incoterms say?

“The custom of the port will decide the extent to which loading costs under FOB should be distributed between seller and buyer. If this is known to both parties, no difficulties should arise.”

But –Slide6

Case : Antwerp FOB-conditions

Legal aspect:

Before : international sales-contract based on

either Incoterms 2000 OR Local Practice

Now : international sales-contract based on

Incoterms 2010, automatically refers to

prevailing Local Practice (CoP)

Slide7

Case : Antwerp FOB-conditions

Practical:

FOB-seller allowed to deliver goods ‘in the

perimeter’ of the vessel, in good condition

Extended free time for conventional cargo:

up to 42 days free storage

No interference with:

Transfer-costs from perimeter till vessel

Loading of the vessel

Lashing/securing of the cargo

Additional advantage ‘Antwerp conditions 1951’

for delivery ex barge Slide8

Case : Antwerp FOB-conditions

Practical:

FOB-buyer negotiates Liner-terms with Shipping

Line

With Liner-terms, costs & risks are clearly

defined & included in Sea-Freight:

Transfer-costs from perimeter till vessel

Loading of the vessel

Lashing/securing of the cargoSlide9

Case : Antwerp FOB-conditions

Attention:

Export documentation-cost (incl. customs) for

FOB-seller’s account !

Transfer of risk from FOB-seller to FOB-buyer as

from establishment FOB-receipt !

FOB-buyer preferably appoints his own agent

(other than Ship’s Agent or FOB-seller’s Agent)

in the port to supervise and to establish FOB-

receipt, in order to avoid possible conflict of

interest !Slide10

Solutions

1-If FOB sales contract, buyer & seller must know the Custom of the Port at the intended loading terminal,

prior to issuing the sales contract.

Incoterms

:

A buyer who does not know the custom of the port in the seller’s country should be cautious when using FOB and should require a precise stipulation concerning the loading costs

.”

Example: FOB

Incoterms

2010 Port of New York, Amos Terminals. All landside and vessel loading costs and risk for seller’s account, notwithstanding custom of the port.

2

- Buy/sell FASSlide11

Custom of the Port

Questions/AnswersSlide12

Custom of the Port

When does FOB not mean FOB?

How does Custom of the Port affect buyer and seller obligations?

Why do

Incoterms

not solve Custom of the Port issues?

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