DAF
DELIVERED AT FRONTIER (... named place)
Delivered at Frontier means that the seller delivers when the goods are placed
at the disposal of the buyer on the arriving means of transport
not unloaded, cleared for export, but not cleared for import
at the named point and place at the frontier, but before the
customs border of the adjoining country. The term frontier
may be used for any frontier including that of the country
of export.Therefore, it is of vital importance that the frontier
in question be defined precisely by always naming the point
and place in the term. However, if the parties wish the seller
to be responsible for the unloading of the goods from the
arriving means of transport and to bear the risks and costs
of unloading, this should be made clear by adding explicit
wording to this effect in the contract of sale This term may
be used irrespective of the mode of transport when goods are
to be delivered at a land frontier. When delivery is to take
place in the port of destination, on board a vessel or on
the quay (wharf), the DES or DEQ terms should be used.
THE
SELLER'S OBLIGATIONS
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THE
BUYER'S OBLIGATIONS
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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.
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B1
Payment of the price
The
buyer must pay the price as provided in the contract
of sale.
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A2
Licences, authorisations and formalities
The
seller must obtain at his own risk and expense any export
licence or other official authorisation or other document
necessary for placing the goods at the buyer's disposal.
The
seller must carry out, where applicable, all customs
formalities necessary for the export of the goods to
the named place of delivery at the frontier and for
their transit through any country.
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B2
Licences, authorisations and formalities
The
buyer must obtain at his own risk and expense any import
licence or other official authorisation or other documents
and carry out, where applicable, all customs formalities
necessary for the import of the goods, and for their
subsequent transport.
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A3
Contracts of carriage and insurance
a)
Contract of carriage
i)
The seller must contract at his own expense for the
carriage of
the goods to the named point, if any, at the place of
delivery at
the frontier. If a point at the named place of delivery
at the frontier
is not agreed or is not determined by practice, the
seller may
select the point at the named place of delivery which
best suits
his purpose.
ii)
However, if requested by the buyer, the seller may agree
to contract
on usual terms at the buyer's risk and expense for the on-going
carriage of the goods beyond the named place at the
frontier to the final destination in the country of
import named
by the buyer. The seller may decline to make the contract
and, if he does, shall promptly notify the buyer accordingly.
b)
Contract of insurance
No
obligation.
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B3
Contracts of carriage and insurance
a)
Contract of carriage No obligation.
b)
Contract of insurance No obligation.
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A4
Delivery
The
seller must place the goods at the disposal of the buyer
on the arriving means of transport not unloaded at the
named place of delivery at the frontier on the date
or within the agreed period.
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B4
Taking delivery
The
buyer must take delivery of the goods when they have
been delivered in accordance with A4.
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A5
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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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.
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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A6
Division of costs
The
seller must, subject to the provisions of B6. pay
in
addition to the 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 (66, the costs of customs formalities necessary
for export as well as all duties, taxes or other charges
payable upon export of the goods and for their transit
through any country prior to delivery in accordance
with A4.
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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 including the expenses
of unloading necessary to take delivery of the goods
from the arriving means of transport at the named place
of delivery at the frontier; and
all
additional costs incurred if he fails to take delivery
of the goods when they have been delivered in accordance
with A4, or to give notice in accordance with B7, provided,
however, that the goods have been appropriated to the
contract, that is to say, clearly set aside or otherwise
identified as the contract goods;and
where
applicable (67 , the cost of customs formalities as
well as all duties, taxes and other charges payable
upon Import of the goods and for their subsequent transport.
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A7
Notice to the buyer
The
seller must give the buyer sufficient notice of the
dispatch of the goods to the named place at the frontier
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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B7
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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A8
Proof of delivery, transport document or equivalent
electronic message
i)
The seller must provide the buyer at the seller's expense
with the usual document or other evidence of the delivery
of the goods at the named place at the frontier in accordance
with A3 a) i).
ii)
The seller must, should the parties agree on on-going
carriage beyond the frontier in accordance with A3 a)
ii), provide the buyer at the latter's request, risk
and expense, with the through document of transport
normally obtained in the country of dispatch covering
on usual terms the transport of the goods from the point
of dispatch in that country to the place of final destination
in the country of import named by the buyer.
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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B8
Proof of delivery, transport document or equivalent
electronic message
The
buyer must accept the transport document and/or other
evidence of delivery in accordance with A8.
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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 delivering the
goods in accordance with A4.
The
seller must provide at his own expense packaging (unless
it is agreed or usual for the particular trade to deliver
the goods of the contract description unpacked) which
is required for the delivery of the goods at the frontier
and for the subsequent transport to the extent that
the circumstances (for example modalities, destination)
are made known to the seller before the contract of
sale is concluded. Packaging is to be marked appropriately.
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B9
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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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 (other than
those mentioned in A8) issued or transmitted in the
country of dispatch and/or origin which the buyer may
require for the 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.
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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.
If
necessary, according to A3 a) ii), the buyer must provide
the seller at his request and the buyer's risk and expense
with the exchange control authorisation, permits, other
documents or certified copies thereof, or with the address
of the final destination of the goods in the country
of import for the purpose of obtaining the through document
of transport or any other document contemplated in A8
ii).
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