IncoTerms > DES
DELIVERED EX SHIP (...named port of destination)
"Delivered Ex Ship" means that the seller delivers when the goods are placed at the disposal of the buyer on board the ship not cleared for import at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination before discharging. If the parties wish the seller to bear the costs and risks of discharging the goods, then the DEQ term should be used.
This term can be used only when the goods are to be delivered by sea or inland waterway or multimodal transport on a vessel in the port of destination.
A THE SELLER'S OBLIGATIONS
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods and for their transit through any country.
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 point, if any, at the named port of destination. If a point is not agreed or is not determined by practice, the seller may select the point at the named port of destination which best suits his purpose.
b) Contract of insurance
No obligation
A4 Delivery
The seller must place the goods at the disposal of the buyer on board the vessel at the unloading point referred to in A3 a), in the named port of destination on the date or within the agreed period, in such a way as to enable them to be removed from the vessel by unloading equipment appropriate to the nature of the goods..
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.
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 as well as all duties, taxes, and other charges payable upon export of the goods, and for their transit through any country prior to delivery in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the estimated time of arrival of the nominated vessel in accordance with A4 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.
A8 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 (a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, or a multimodal transport document) to enable the buyer to claim the goods from the carrier at the port of destination.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances like "modalities", "destination" are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer's request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment 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 insurance purposes..
B THE BUYER'S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss 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 the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4, including the expenses of discharge operations necessary to take delivery of the goods from the vessel
- all additional costs incurred if he fails to take delivery of the goods when they have been placed at his disposal in accordance with A4, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods.
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 in the named port of destination, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the delivery order or the transport document in accordance with A8.
B9 Inspection of the 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.
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 costs and charges paid by the seller in assisting him in accordance therewith.