Logistics in recent years has been massively developed.This contributes to the growth of some regions, and therefore the importance of freight in the country has increased.Of course, the number of entrepreneurs who would like to do this, also increased significantly.Home
such activities largely complicated by the fact that the newly-made cargo carriers often do not realize the nuances, many of which are very important.For example, the terms of delivery CPT.In the global scope, they are used very widely, so be aware of all their characteristics is very important.
definition
In world practice, conditions of delivery CPT means that the seller is obliged to deliver the goods to the buyer, who paid for purchase, but not transportation.This - the key feature of this type of traffic: the seller assumes all obligations with regards to the cost of the service.The buyer, in turn, fully accepts all risks.
term "carrier" in this case refers to any natural or legal person who can pull (in the contract) the supply of goods by road, air, sea, or otherwise referred to in the documents of transport.If the terms of delivery CPT provide cargo shipment with the participation of several suppliers, all the risks are moving from one to the other at a time when there was a transfer of goods from one mode of transport to another.
All customs operations are also assigned to most of the seller.Note that the term of CPT can be used in relation to any existing type of transport.
other nuances
In foreign literature the term Carriage paid to («carriage paid to"), which is exactly the same as what we have just written.In addition, the terms of delivery CPT suggests that if the parties have agreed to use the services of a third-party carrier, the responsibility also lies with the supplier upon delivery of the goods to him.Seller's liability in this case does not apply to the delivery of the goods at the time stipulated in the documents of the item.
Thus, terms of delivery CPT - is an example of such cargo logistics, in which responsibility rests almost entirely on the seller.That is why the supplier should be very careful in the preparation of, or reading the sales contract.
critical point
In view of what is happening at least twice the transfer of goods, any typical supply has two critical points.Important!Sellers and buyers (as well as logistics companies, if any) is highly recommended as clearly as possible to differentiate all the conditions deliveries, including a step by step transfer of the responsibility for loading or unloading.
If you are using multiple carriers, and the parties have been unable to precisely determine the destination, the first in the list of the carrier must take into account the fact that, taking advantage of the imperfection of our laws, all subsequent carriers can lay the blame for inconsistencies in documents or damage toit.And because all of these points should be to specify in advance in the documents of sale or contract of transportation, or later it will have a long time to prove his innocence in court.
Have there been such cases, if we talk about the supply of CPT?Moscow, delivery conditions which have always been confusion, certainly remembers numerous scandals associated with buildings promising areas.Often, suppliers of building materials is not only no money, but there were long forced to sue, to prove the guilt of the other carriers in the loss of material.
specific destination
Thus, in the final contract is recommended as accurately as possible to determine the destination to which responsibility for transported goods will be based on the logistics company (or the seller, provided that an independent transportation).It is the seller must ensure that appropriate supply contracts.Pay attention!Under the rules of CPT DAP, delivery conditions do not provide for reimbursement of the costs of unloading the seller of the goods, unless otherwise provided by agreement of the parties as reflected in the drawing up of documents.
Once again, we note that from the vendor will also require the fulfillment of all customs formalities, if the conditions of carriage involve travel across the state or the inner boundary.But!It is in any case not obliged to bear the costs and fulfill the formalities for the import cargo, to pay customs duties or other services.
finished the consideration of general points should be discussed more specific nuances of supplies that are directly related to the seller.
presence and other conditions
So, in any case, the supplier must deliver the goods to the buyer to inspect, pass-through invoice and other documents that may be needed to determine the quality or other characteristics of the goods.If it is a normal procedure or pre-approved in the contract, it can be used the electronic signature.
licenses, other control
If required, the seller must at his own risk of getting any export permit (and pay for them), and other official documents, carry out all the customs regulations and other formalities takenin the case of transportation of a particular type of cargo.
on Contracts of carriage and insurance
requires the seller to sign the agreement on delivery of the goods to a specific destination, if it is defined, or to a particular place in it.This document should also provide for carriage on usual terms and standard way, so that the seller could not deliberately inflate the value of their services.If the destination has been agreed or is not dealt with in the contract, the seller may select its own, in line with where it is more convenient to supply the goods.
With regard to the contract of insurance of cargo, in this respect from the seller any whatsoever obligation completely absent.But!He is obliged upon request to provide all information needed for the insurance buyer.
cost-sharing
seller must pay all costs until the goods arrive at the destination, except that we have already mentioned above.In addition, his responsibilities included the payment of freight, as well as costs associated with loading and unloading of the goods (see above).Of course, if other circumstances not specified in advance and are not spelled out in the documents, and CPT delivery basis takes place in the normal mode without force majeure.
reiterates that all costs associated with the registration of the cargo at the border, as well as other similar formalities are the seller pays only if it is painted in the contract.In all other cases, these obligations shall not be borne.
Checking and packing cargo
costs associated with marking, weighing and checking operations, fully borne by the seller himself.In addition, it is borne all the costs associated with the preparation and packaging of goods, except in cases where the industry is allowed a specific type of transport of cargo in loose form.However, even in this case, the marking of the goods in the accompanying documents must be carried out with strict observance of all rules.
Responsibilities buyer
talk right now about what are the responsibilities of the buyer on the CPT.Terms of delivery (2010 and later) in this case only provide timely payment for goods.If the contract is not any additional conditions, other obligations imposed on it is rare.Important!Just the same it shall be responsible at your own risk of getting all the permits for the importation into the country of the cargo, as well as pay all the formalities at customs, unless otherwise agreed upon in advance and is not spelled out in the papers.
Neither the contract of carriage or in the contract of insurance specific obligations of the buyer is not.However, if he wishes to take out insurance, you'll have to do it at their own expense.However, we have already written about the fact that any data that is needed to process the relevant documents must provide the seller.
More cost-sharing
However, terms of delivery CPT (Incoterms 2010) provide some of the conditions under which the buyer will pay.Let's see them in detail.
Unless otherwise specified in the contract, it will pay for all expenses incurred prior to delivery.However, if the documents are not specified something else, pays for all suppliers.Again, subject to availability of such a clause in the contract, he can pay for the services of unloading-loading of the goods, but usually he is responsible for this supplier.
If the buyer did not accept the goods within the specified period, although his delivery was carried out, he pays all resulting additional costs.In addition, payment of incidental expenses (related to the cargo) for transporting the goods through the territory of another country (if there is no other in the agreement) is almost always the responsibility of the recipient.
Here we examined the terms of delivery CPT (Incoterms).2012 brought new rules, but we have described the situation in them remained unchanged.
case of force majeure
Under this meant a situation where some of the parties can fulfill their obligations for reasons that do not depend on the supplier or the buyer.As a rule, it is natural disasters, the destabilization of the political situation in the country or something like that.Most often, there is a clause in the contract under which the parties may differ amicably.If it does not, the situation is considered in the arbitration court.
