DDU
DELIVERED DUTY UNPAID (... named place of destination)
Delivered duty unpaid means that the seller delivers the goods to the buyer,
not cleared for import, and not unloaded from any arriving
means of transport at the named place of destination. The
seller has to bear the costs and risks involved in bringing
the goods thereto, other than, where applicable, any duty
(which term includes the responsibility for and the risks
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. Such duty has to be
borne by the buyer as well as any costs and risks caused by
his failure to clear the goods for import in time. However,
if the parties wish the seller to carry out customs formalities
and bear the costs and risks resulting therefrom as well as
some of the costs payable upon import of the goods, 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 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.
THE
SELLER'S OBLIGATIONS
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THE
BUYER'S OBLIGATIONS
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A1
Provision of the 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 and other official authorisation or other documents
and carry out. where applicable (85, all customs formalities
necessary for the export of the goods 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 (86, all customs formalities
necessary for the import of the goods.
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A3
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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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,
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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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 fulfil his obligations
in accordance with B2, bear all additional risks of
loss of or damage 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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A6
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 formalities
necessary for export as well as all duties, taxes and
other charges payable upon export 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: 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 duly appropriated to the contract, that is
to say, clearly set aside or otherwise identified as
the contract goods; and
where applicable, the costs of customs formalities
as well as all duties, taxes and other charges payable
upon import of the goods.
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A7
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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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
The
seller must provide the buyer at the seller's expense
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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B8
Proof of delivery, transport document or equivalent
electronic message
The
buyer must accept the appropriate delivery order or
transport document 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 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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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 of origin which the buyer
may require for the import of the goods.
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.
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