| EXW, Ex Works (named place) "Ex works" means that
the seller delivers when he places the goods at the disposal of the buyer at the
seller’s premises or another named place (i.e. works, factory, warehouse, etc.) not
cleared for export and not loaded on any collecting vehicle.
This term
thus represents the minimum obligation for the seller, and the buyer has to bear all costs
and risks involved in taking the goods from the seller’s premises.
However,
if the parties wish the seller to be responsible for the loading of the goods on departure
and to bear the risks and all the costs of such loading, this should be made clear by
adding explicit wording to this effect in the contract of sale. This term should not be
used when the buyer cannot carry out the export formalities directly or indirectly. In
such circumstances, the FCA term should be used, provided the seller agrees that he will
load at his costs and risk. |
 |
| A |
The seller’s obligations |
B |
The buyer’s obligations |
|
| A1 |
Provision of goods in
conformity with the contract |
B1 |
Payment of the price |
|
| |
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 |
|
The buyer must pay the price as
provided in the contract of sale. |
|
| A2 |
Licences, authorisations and
formalities |
B2 |
Licences, authorisations and
formalities |
|
| |
The seller must render the
buyer, at the latter’s request, risk and expense, every assistance in obtaining,
where applicable2, any export licence or other official authorisation necessary
for the export of the goods. |
|
The buyer must obtain at his
own risk and expense any export and import licence or other official authorisation and
carry out, where applicable5, all customs formalities for the export of the
goods. |
|
| A3 |
Contracts of carriage and
insurance |
B3 |
Contracts of carriage and
insurance |
|
| |
a. Contract of
carriage No obligation3.
b. Contract of
insurance
No
obligation4. |
|
- Contract of
carriage
No
obligation6.
- Contract of
insurance.
No
obligation7. |
|
| A4 |
Delivery |
B4 |
Taking delivery |
|
| |
The seller must place the goods
at the disposal of the buyer at the named place of delivery, not loaded on any collecting
vehicle, on the date or within the period agreed or, if no such time is agreed, at the
usual time for delivery of such goods. If no specific point has been agreed within the
named place, and if there are several point available, the seller may select the point at
the place of delivery which best suits his purpose. |
|
The buyer must take delivery of
the goods when they have been delivered in accordance with A4 and A7/B7. |
|
| A5 |
Transfer of risks |
B5 |
Transfer of risks |
|
| |
The seller must, subject tot
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. |
|
The buyer must bear all risks
of or damage the goods. From time they have been
delivered in accordance with A4; and
From the
agreed date or the expiry date of any period fixed for taking delivery which arise because
he fails to give notice in accordance with B7, provide, however, that the goods have been
dully appropriated to the contract, that is to say clearly set aside or otherwise
identified as the contract goods. |
|
| A6 |
Division of costs |
B6 |
Division of costs |
|
| |
The seller must, subject to the
provisions of B6, pay all costs relating to the goods until such time as they have been
delivered in accordance with A4. |
|
The buyer must pay: All costs relating
to the goods from the time they have been delivered in accordance with A4; and
Any
additional costs incurred by failing either to take delivery of the goods when they have
been placed at his disposal, or to give appropriate 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
applicable9, all duties, taxes and other charges as well as the costs of carrying out
customs formalities payable upon export.
The buyer
must reimburse all costs and charges incurred by the seller in rendering assistance in
accordance with A2. |
|
| A7 |
Notice to the buyer |
B7 |
Notice to the seller |
|
| |
The seller must give the buyer
sufficient notice as to when and where the goods will be placed at his disposal. |
|
The buyer must, whenever he is
entitled to determine the time within an agreed period and/or the place of taking
delivery, give the seller sufficient notice thereof. |
|
| A8 |
Proof of delivery, transport
document or equivalent electronic message. |
B8 |
Proof of delivery, transport
document or equivalent electronic message |
|
| |
No obligation8. |
|
The buyer must provide the
seller with appropriate evidence of having taken delivery. |
|
| A9 |
Checking – packaging
– marking |
B9 |
Inspection of goods |
|
| |
The seller must pay the costs
of those checking operations (such as checking quality, measuring, weighing, counting)
which are necessary for the purpose of placing the goods at the buyer’s disposal. The seller must
provide at his own expense packaging (unless it is usual for the particular trade to make
the goods of the contract description available unpacked) which is required for the
transport of the goods, to the extent that the circumstances relating to the transport
(for example modalities, destination) are made known to the seller before the contract of
sale is concluded. Packaging is to be marked appropriately. |
|
The buyer must pay the costs of
any pre-shipment inspection, including inspection mandated by the authorities of the
country of export. |
|
| A10 |
Other Obligations |
B10 |
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 issued or transmitted in the country of
delivery and/or of origin which the buyer may require for the export and/o import of the
goods and, where necessary, for the transit through any country. The seller must
provide the buyer, upon request, with the necessary information for procuring insurance. |
|
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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