
Incoterms (International Commercial Terms)
At Elite Express, Australia’s trusted logistics partner, we adhere strictly to Incoterms internationally recognized trade terms established by the International Chamber of Commerce (ICC). These terms define the responsibilities, costs, and risks between buyers and sellers during the global transportation and delivery of goods. Updated every decade, Incoterms provide a universal framework that ensures clear communication and smooth, efficient international trade. At Elite Express, we use these terms to offer our clients seamless, compliant, and secure freight solutions across borders.
I. History and Evolution of Incoterms
Incoterms, introduced by the International Chamber of Commerce (ICC) in 1936, were designed to eliminate confusion caused by differing interpretations of trade agreements in international commerce. These standardized terms clearly define the responsibilities, costs, and risks involved in the global transportation of goods, helping buyers and sellers avoid costly misunderstandings. To reflect changes in global trade, logistics practices, and technology, Incoterms are regularly updated. The latest version, Incoterms 2020, was released in September 2019 and came into effect on January 1, 2020.
II. Purpose and Benefits of Incoterms
Incoterms provide a universal framework for international trade ensuring that both buyers and sellers understand their respective obligations, costs, and risks. By incorporating specific Incoterms into our contracts, we help streamline agreements without the need to outline every detail of the delivery process. These terms also define the exact point at which the risk of loss or damage transfers from seller to buyer empowering both parties to manage risk more effectively. With clearly defined roles and responsibilities, Incoterms help reduce misunderstandings, prevent misinterpretations, and lower the chances of disputes in cross-border transactions. As an Australian logistics leader, Elite Express ensures that every shipment is aligned with global best practices for safe and efficient trade.
III. Structure of Incoterms
Incoterms are organized into two primary categories based on the mode of transport: one set applies to any mode be it sea, air, rail, or road while the other is specific to sea and inland waterway shipments. Each Incoterm is identified by a universally recognized three-letter abbreviation, providing a common language in global trade. These terms clearly define the responsibilities of both buyer and seller throughout the delivery process, including transportation arrangements, insurance obligations, customs clearance, and the payment of freight costs. At Elite Express, we ensure the appropriate Incoterms are applied to each shipment, helping our clients navigate international logistics with confidence and compliance.
IV. Explanation of Each Incoterm
Group 1: Incoterms Applicable to Any Mode of Transport
EXW (Ex Works): is one of the most seller-friendly Incoterms. Under EXW, the seller fulfils their obligation by making the goods available for pickup at their premises or another named location (such as a warehouse or factory). The seller is only required to provide the necessary documents for the buyer to collect the goods no further responsibility for loading, shipping, or customs clearance applies.
FCA (Free Carrier): requires the seller to deliver the goods to a designated carrier at a specified location, which may be a terminal, warehouse, or transport hub. The seller is responsible for handling export clearance and bears all risks and costs until the goods are delivered to the carrier. Once the goods have been handed over, the buyer assumes responsibility. The buyer must arrange and pay for transportation and insurance from that point forward, secure any required import licenses or permits, and bear all risks and costs associated with the goods after their delivery to the carrier.
CPT (Carriage Paid To): requires the seller to arrange and pay for the transportation of goods to a specified destination. The seller is also responsible for handling export clearance and assumes all risks and costs until the goods are delivered to the first carrier. After that point, the buyer takes over responsibility, including paying for insurance, obtaining any required import licenses or permits, and bearing all risks and costs from the moment the goods are handed over to the first carrier. we manage the end-to-end coordination of CPT shipments, ensuring smooth logistics and compliance from origin to carrier handoff.
CIP (Carriage and Insurance Paid To): means the seller is responsible for arranging and paying for transportation and insurance to a specified destination. The seller also handles export clearance and bears all risks and costs until the goods are delivered to the first carrier. After this point, the buyer takes over responsibility. The buyer must secure any necessary import licenses or permits and assume all risks and costs from the moment the goods are handed over to the first carrier.
DAP (Delivered at Place): means the seller is responsible for arranging and paying for transportation to a specified destination, handling export clearance, and covering all risks and costs until the goods are made available for unloading at the agreed destination. The buyer is responsible for paying for insurance, securing any necessary import licenses or permits, handling import clearance, and assuming all risks and costs from the moment the goods are made available for unloading.
DPU (Delivered at Place Unloaded): means the seller is responsible for arranging and paying for transportation to a specified destination, handling export clearance, and bearing all risks and costs until the goods are unloaded at the agreed location. This is the only Incoterm that requires the seller to unload the goods. The buyer is responsible for paying for insurance, securing any necessary import licenses or permits, handling import clearance, and assuming all risks and costs once the goods have been unloaded at the destination.
DDP (Delivered Duty Paid): places maximum responsibility on the seller. Under this term, the seller arranges and pays for transportation to a specified destination, handles export clearance, manages import clearance, and covers all applicable duties and taxes. The seller also bears all risks and costs until the goods are made available for unloading at the final destination. The buyer is only responsible for paying for insurance (if desired) and assumes all risks and costs once the goods are made available for unloading.
Group 2: Incoterms Specific to Sea and Inland Waterway Transport
FAS (Free Alongside Ship): means the seller is responsible for delivering the goods alongside the vessel at a specified port of shipment. The seller handles export clearance and bears all risks and costs until the goods are placed alongside the vessel. From that point forward, the buyer assumes responsibility. The buyer must arrange and pay for the main transportation and insurance, handle loading the goods onto the vessel, and assume all risks and costs once the goods are positioned alongside the ship.
FOB (Free on Board): means the seller is responsible for delivering the goods on board the vessel at a specified port of shipment. The seller handles export clearance and bears all risks and costs until the goods are safely loaded onto the vessel. Once the goods are on board, the buyer takes over responsibility. The buyer must arrange and pay for the main transportation and insurance from that point onward and assume all risks and costs associated with the shipment.
CFR (Cost and Freight): means the seller arranges and pays for transportation to a specified port of destination, handles export clearance, and bears all risks and costs until the goods are loaded on board the vessel at the port of origin. Once the goods are on board, the buyer assumes responsibility. The buyer is responsible for paying for insurance from that point onward and bears all risks and costs from the moment the goods are on board the vessel.
CIF (Cost, Insurance and Freight): requires the seller to arrange and pay for transportation, insurance, and freight to a specified port of destination. The seller also handles export clearance and bears all risks and costs until the goods are loaded on board the vessel at the port of origin. Once the goods are on board, the buyer assumes all risks from that point forward.
Why Do Incoterms Matter?
In any commercial transaction involving physical goods, Incoterms are critical. They define the seller’s responsibilities regarding liability and costs. In international trade, the difference between DDP and DAP, for example, can significantly impact costs sometimes increasing them by as much as 25%, depending on tariff rates and codes for specific goods. Therefore, it’s vital for executives, such as VPs or chief procurement officers, to develop an Incoterm strategy. This strategy should include standardized instructions for managing risks associated with logistics. Although uncommon, undesirable situations can arise. If goods are destroyed, lost, or delayed during transit, the Incoterms determine who is responsible for resolving the issue.
Benefits of Using Incoterms
Incoterms serve as binding agreements between the seller and the buyer, clearly outlining each party’s responsibilities regarding the delivery of goods. Although not legally mandatory for international sales, their use is strongly recommended, as they provide a standardized framework that prevents confusion and disputes over obligations, costs, and risk transfers.
Functions of Incoterms
Incoterms are a fundamental component of international shipping, providing a standardized framework that clearly defines the roles and responsibilities of both buyers and sellers. Their key functions include determining which party bears the risks related to costs, identifying liability in various scenarios, and specifying who is responsible for particular obligations throughout the delivery route. Incoterms clarify which party handles customs clearance, obtains goods related documentation, and secures transport documents. They also determine who selects the type and method of packaging, who is responsible for inspecting the goods, and what information must be shared between the parties and at what stage. Additionally, Incoterms establish who must arrange insurance coverage and for which part of the shipment’s transit.
What’s New in Incoterms 2024?
In 2025, Incoterms continue to provide vital clarity and adaptability in international trade, with updates reflecting modern logistics needs. Under FCA (Free Carrier), the option to include a Bill of Lading (BL) remains, allowing the sales contract to specify its issuance, with the buyer responsible for instructing the carrier to issue an onboard notation. The term Delivered at Terminal (DAT) has been replaced by Delivered at Place Unloaded (DPU), offering flexibility for delivery at terminals, warehouses, factories, or any agreed location where unloading can occur. CIP (Carriage and Insurance Paid To) now mandates comprehensive insurance coverage from the seller, while CIF (Cost, Insurance, and Freight) requires only minimum insurance. Furthermore, terms like DDP, DPU, DAP, and FCA now support all modes of transport, reflecting the shift toward multimodal shipping solutions.
How Do a Seller and Buyer Agree on Which Incoterm to Use?
Buyers typically express their preferred Incoterms to sellers during the negotiation process. However, if a buyer does not specify a preference, the seller may propose terms that best suit both parties’ needs. Through open and effective communication, both sides can agree on Incoterms that align with the shipment’s requirements and commercial goals. For Incoterms to be valid and enforceable, they must be clearly stated in the sales contract, sales invoice, and purchase agreement. Since Incoterms are contractual in nature, both buyers and sellers should avoid relying solely on verbal agreements and ensure all terms are properly documented. Although there is no standard form required to select an Incoterm, the chosen term should be linked to the product price and treated as a formal part of the sales agreement.
In certain cases, Incoterms may need to be updated during the order process. For instance, if a shipment originally scheduled for sea freight must be transported by air due to unforeseen changes, the selected Incoterm may no longer be applicable and should be revised accordingly. Not all Incoterms apply to all modes of transport. When such changes occur, both the seller and buyer must communicate and mutually acknowledge the updated terms similar to amending key clauses in the purchase agreement

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Conclusion
Incoterms are crucial in international trade as they provide standardized terms that clearly define the responsibilities, costs, and risk allocation between buyers and sellers in cross-border transactions. A solid understanding of each Incoterm is essential for negotiating contracts that accurately outline each party’s obligations while minimizing potential disputes or misunderstandings. By becoming familiar with Incoterms and using them correctly in your international trade dealings, you can enhance communication with your trading partners, reduce the likelihood of disputes, manage risks more effectively, and ultimately achieve more successful outcomes in your global business activities.
With this comprehensive guide to Incoterms at your disposal, you can confidently navigate international trade with clarity, leading to more efficient and effective transactions in today’s global marketplace.
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