| DAF,
Delivered at frontier "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 good 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. |
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| A |
The seller’s obligations |
B |
The buyer’s obligations |
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| A1 |
Provision of goods in
conformity with the contract |
B1 |
Payment of the price |
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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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The buyer must pay the price as
provided in the contract of sale. |
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| A2 |
Licences, authorisations and
formalities |
B2 |
Licences, authorisations and
formalities |
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The seller must obtain at his
own risk and expense any export licence or other official 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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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 |
B3 |
Contract of carriage and
insurance. |
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| |
- contract of
carriage
The
seller must contract at his own expense for the carriage of the gods 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.
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.
Contract
of insurance.
No
obligation. |
|
- Contract of
carriage.
No
obligation.
- Contract of
insurance.
No
obligation. |
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| A4 |
Delivery |
B4 |
Taking delivery |
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| |
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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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 |
B5 |
Transfer of risks |
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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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The buyer must bear all risks
of loss of or damage to the goods form 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 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 |
B6 |
Division of costs |
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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, 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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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 from the arriving
means of transport at the named place of delivery at the frontier; and
Where
applicable, 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 |
B7 |
Notice to the seller |
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The seller must five 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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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 |
B8 |
Proof of delivery, transport
document or equivalent electronic message. |
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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. The seller must,
should the parties agree on on-going carriage beyond the frontier in accordance with A3 a)
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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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 |
B9 |
Inspection of goods |
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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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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 |
B10 |
Other obligations |
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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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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), 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. |
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