1. What Incoterms Are (and Aren't)
Incoterms (short for International Commercial Terms) are a set of three-letter codes published by the International Chamber of Commerce (ICC) in Paris. The current version — Incoterms 2020 — took effect on January 1, 2020 and will be the reference standard until the next revision.
Each Incoterm is a shorthand that answers three questions at once: who pays for transport, who pays for insurance, and where exactly does risk transfer from seller to buyer. Getting this right is critical — it determines whether a headline freight quote reflects the real landed cost, or only a fraction of it.
What Incoterms DO govern
- Allocation of transport cost between seller and buyer
- Point at which risk of loss or damage transfers
- Responsibility for export and import clearance
- Who arranges insurance (and whether it is even mandatory)
- Who loads, unloads, and bears associated terminal fees
What Incoterms do NOT govern
- Transfer of title / ownership — that is a matter for your sales contract
- Payment terms (letter of credit, T/T, open account)
- VAT, customs duties, or tax liability
- Sanctions, export controls, or compliance screening
- Breach-of-contract remedies or dispute jurisdiction
2. The Four Groups at a Glance
The 11 terms of Incoterms 2020 fall into four groups, ordered by how much responsibility sits with the seller. Group E is the minimum seller obligation; Group D is the maximum.
| Group | Terms | Seller's role | Transport mode |
|---|---|---|---|
| E | EXW | Makes goods available at own premises | Any mode |
| F | FCA, FAS, FOB | Delivers to main carrier at origin; buyer pays main freight | FCA — any · FAS, FOB — sea only |
| C | CFR, CIF, CPT, CIP | Pays main freight (and CIF/CIP also insurance), but risk transfers at origin | CFR, CIF — sea only · CPT, CIP — any |
| D | DAP, DPU, DDP | Delivers goods to named place at destination | Any mode |
3. Group E — EXW (Ex Works)
EXW is the minimum obligation for the seller. The seller simply makes the goods available at their factory, warehouse, or yard — not even loaded onto the buyer's truck. Every single cost and risk from that point onward is on the buyer: loading, origin trucking, export clearance, main freight, import clearance, destination trucking, and insurance.
Who should use EXW: almost nobody. It is popular among Chinese suppliers because it quotes a very low-looking price, but it puts export clearance responsibility on a buyer who has no presence in the origin country. In practice, most forwarders will handle the origin side as a service, but the legal responsibility still sits with you.
4. Group F — FCA, FAS, FOB
In Group F, the seller delivers the goods to a carrier nominated by the buyer at the origin. The seller handles export clearance. From that handover point, the buyer pays the main freight and bears the risk.
- FCA (Free Carrier) — Seller delivers to the first carrier at a named place (factory, trucking yard, container yard, airport). Any mode of transport. The most flexible and modern of the F terms — and the correct choice for containerised and air cargo.
- FAS (Free Alongside Ship) — Seller delivers goods alongside the vessel at the named port of shipment. Sea only. Rarely used outside bulk and break-bulk cargo.
- FOB (Free On Board) — Seller delivers goods on board the vessel at the named port. Risk transfers once cargo is loaded. Sea only. The most commonly used — and most commonly mis-used — term in international trade.
5. Group C — CFR, CIF, CPT, CIP
Group C is where Incoterms get tricky. In all C-terms, the seller pays for the main freight — but the risk transfers to the buyer at origin, not at destination. That mismatch between cost transfer and risk transfer is the single most misunderstood concept in Incoterms.
- CFR (Cost and Freight) — Seller pays cost and freight to destination port. Sea only. No insurance obligation.
- CIF (Cost, Insurance and Freight) — CFR plus minimum marine insurance arranged by the seller. Sea only.
- CPT (Carriage Paid To) — Seller pays carriage to named destination. Any mode. The multimodal equivalent of CFR.
- CIP (Carriage and Insurance Paid to) — CPT plus insurance. Any mode. The multimodal equivalent of CIF.
On the surface, CIF and CIP look attractive: the sea or air freight is paid by the seller, and insurance is included. Many importers accept these terms thinking they are getting a good deal. In practice, they are three traps wrapped in one:
- The freight quote looks cheap — destination charges are inflated — When the seller controls the freight, they typically work with a forwarder who quotes the freight at cost or below, then makes back the margin (and more) on destination local charges billed to the buyer at arrival. The "cheap" freight becomes expensive once THC, D/O, storage, and agency fees land on your invoice.
- The insurance policy is issued in the origin country — Under CIF/CIP the seller procures the insurance. That policy is issued under the laws of the seller's country and, in most cases, can only be claimed there. If your cargo is damaged, you are suddenly litigating or filing a claim in a foreign jurisdiction, in a foreign language, against an insurer you have no relationship with.
- You have zero control over carrier, routing, and timing — The seller books the vessel or flight. You cannot influence the carrier, the transshipment hub, the service loop, or the arrival date. If the carrier they picked is slow or unreliable, you own the delay — not them.
Our recommendation: as the buyer, use FOB (for containerised sea freight the correct term is FCA) and arrange your own freight and insurance through a forwarder and insurer you trust. You will see the true landed cost, control the carrier choice, and have recourse under your own local insurance law. The small effort of managing the freight leg yourself is worth it.
6. Group D — DAP, DPU, DDP
Group D terms put the maximum obligation on the seller. The seller delivers the goods to a named place at destination and bears all cost and risk up to that point.
- DAP (Delivered at Place) — Seller delivers to named destination, ready for unloading. Buyer handles import clearance and unloading.
- DPU (Delivered at Place Unloaded) — Like DAP, but the seller also unloads the goods. Replaced DAT (Delivered at Terminal) in the 2020 revision.
- DDP (Delivered Duty Paid) — Maximum seller obligation. Seller bears everything, including destination import duty and VAT. Looks convenient to the buyer, but often more expensive because the seller has to handle import clearance in a country they don't operate in.
7. FOB vs FCA — The Critical Distinction
If you take only one thing from this guide, let it be this: FOB is a sea-only term that was designed for break-bulk cargo loaded directly onto a vessel. For containerised cargo — which is how 99% of manufactured goods move today — the correct term is FCA, not FOB.
| FOB | FCA | |
|---|---|---|
| Transport mode | Sea only | Any mode (sea, air, road, rail, multimodal) |
| Point of risk transfer | When cargo is loaded on board the vessel | When cargo is handed to the first carrier at named place |
| Designed for | Break-bulk, bulk cargo loaded directly on vessel | Containerised cargo, air freight, truck freight |
| Named place example | "FOB Shanghai" | "FCA Shanghai CY" / "FCA Ningbo CFS" |
Why this matters in practice: when a buyer signs a contract for containers on FOB terms, risk technically only transfers once the container is on the ship. But the seller usually hands over to the forwarder at the container yard days earlier. If damage occurs between the CY and the vessel — during stacking, yard movement, or loading — there is a legal gap that neither party clearly owns. FCA closes that gap by transferring risk at the handover to the first carrier.
8. Which Term Should You Use?
For importers (buyer side)
- Containerised sea freight (FCL or LCL): prefer FCA. Control your own freight, insurance, and carrier.
- Break-bulk / bulk sea cargo: FOB is still valid and correct.
- Air freight: FCA (handover at airport cargo terminal). Never FOB for air.
- Samples or small parcels: DAP or DDP from a known courier (DHL/FedEx/UPS) is acceptable.
- Avoid: EXW (export responsibility falls on you), CIF / CIP (see warning above).
For exporters (seller side)
- Default: FCA Ashdod / Haifa — deliver to carrier, your responsibility ends cleanly.
- If the buyer insists on a door-to-door price: quote DAP. Avoid DDP unless you have a customs broker in the destination country.
Frequently Asked Questions
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