Terms of delivery of CPT. Delivery on CPT terms

Logistics in recent years has become a mass development. This is facilitated by some growth in the development of regions, and therefore the importance of cargo transportation throughout the country has increased. Of course, the number of entrepreneurs who would like to do this also increased significantly.

The beginning of such activity is complicated in many respects by the fact that newly-minted carriers often do not imagine the nuances, many of which are very important. For example, the terms of delivery of CPT. In the world volume they are used extremely widely, so it's very important to know about all their features.

Definition of concept

In world practice , the CPT delivery terms mean that the seller agrees to deliver the goods to the buyer who paid for the purchase, but not the shipment. This is a key feature of this type of transportation: the seller assumes all obligations regarding the costs of the service. The buyer, in turn, fully agrees with all risks.

"Carrier" in this particular case means any physical or legal entity that can (under the terms of the contract) deliver goods by road, air, sea or other means of transport provided for in documents. If the CPT delivery terms provide for the shipment of cargo with the participation of several suppliers, all the risks pass from one of them to another at the time when the transfer of goods from one mode of transport to another.

All customs operations are also assigned to the seller. Note that the term CPT can be used for any existing mode of transport.

Other nuances

In foreign literature, the term "Carriage paid to" is used, which means exactly the same as what we just wrote. In addition, the terms of delivery of the CPT suggest that in the event that the parties agreed to use the services of a third-party carrier, all responsibility also rests with the supplier at the time the goods are transferred to him. Responsibility of the seller in this case does not extend until the moment of delivery of the goods in the point specified in the documents.

Thus, the terms of delivery of the CPT is an example of such logistical cargo transportation, under which the responsibility is almost entirely borne by the seller. That is why the supplier should be extremely careful when drafting or reading the contract of sale.

Critical points

Taking into account the fact that there is a minimum two-time transfer of the goods, any typical delivery has two critical points. Important! Sellers and buyers (as well as logistics companies, if any) are urged to delineate as clearly as possible all the terms of delivery, including stepwise transfer of responsibility when loading or unloading the goods.

If several carriers are used at once, and the parties were not able to determine exactly the destination, the first carrier on the list should take into account the fact that, using the imperfection of our laws, all subsequent carriers can blame the inconsistencies in the documents or damage to the cargo on it. Therefore, all these moments should be stipulated in advance in the documents of purchase and sale or the contract for transportation, otherwise it will be necessary for a long time to prove their case in court.

Have there already been such cases, if we talk about the supply of CPT? Moscow, the delivery terms in which have always been intricate, probably remembers numerous scandals associated with the construction of promising areas. Often, suppliers of building materials were not only without money, but they also had to contend for a long time, proving the fault of other carriers in the loss of material.

Definition of destination

Thus, in the final contract, it is recommended to determine as accurately as possible the destination to which the logistics company (or the seller himself, subject to self-carriage) will be responsible for the goods being transported. It is the seller who must ensure the availability of appropriate supply contracts. Note! Under the CPT DAP rules, the terms of delivery do not provide for reimbursement to the seller of the costs of unloading the goods, unless otherwise provided by the agreement of the parties, which is reflected in the documents being drawn up.

Once again, we note that the seller will also be required to perform all customs formalities, if the conditions of transportation involve passage through the state or internal border. But! He is in no way obliged to incur costs and perform formalities when importing goods, pay customs duties or other services.

Having finished examining the general points, more specific nuances of supplies that are directly related to the seller should be discussed.

Presence and other conditions

So, in any case, the supplier must provide the goods for acquaintance to the buyer, transfer the invoice, as well as other documents that may be needed to determine the quality or other characteristics of the goods. If this is a normal procedure or pre-approved in the contract, an electronic signature can be used.

Licenses, other control

If this is required, the seller should, at his own risk and risk, obtain all the export authorizations (and pay for them), as well as other official documents, to comply with all customs regulations and other formalities accepted in the case of carrying a particular type of cargo.

About contract of transportation and insurance

The seller is obliged to conclude an agreement on the delivery of the goods to a specific destination, if it is specified, or to some specific place in it. This document should also provide for carriage under normal conditions and in a standard way so that the seller can not knowingly inflate the cost of his services. If the destination has not been agreed or has not been discussed in the contract, the seller can choose it independently, in full accordance with where it is more convenient for him to deliver the goods.

As for the cargo insurance contract, in this respect, the seller does not have any obligations whatsoever. But! He is obliged at the first request to provide all the information that is necessary to obtain insurance, the buyer.

On the distribution of costs

The seller is obliged to pay all costs until the goods arrive at the destination, except in the cases we have already mentioned above. In addition, it is his duty to pay freight, as well as costs associated with loading and unloading the goods (see above). Of course, if other circumstances are not stipulated in advance and are not spelled out in the documents, and delivery under CPT conditions is in the normal mode, without force majeure.

We remind once again that the seller pays all the costs associated with processing the goods at the border, as well as other similar formalities, only if it is stipulated in the contract. In all other cases, he does not bear such obligations.

Checking and packing cargo

The costs associated with marking, weighing and checking the goods are completely borne by the seller. In addition, it also covers all the costs associated with the packaging and packaging of goods, except in cases where the industry permits the carriage of a particular type of cargo in a loose version. However, even in this case, the marking of the goods in the accompanying documents must be carried out with strict observance of all rules.

Buyer's responsibilities

Let's talk now about what are the duties for the buyer on the CPT. Terms of delivery (2010 and later) in this case provide only timely payment for the goods. If the contract does not contain any additional conditions, other obligations are rarely imposed on it. Important! Once upon a time, duties are assigned to him at his own risk and risk to receive all the authorization documents for the importation of some cargo into the country, as well as pay all formalities at the customs, unless otherwise agreed in advance and is not specified in the papers.

Neither under the contract of carriage, nor under the contract of insurance of special obligations the buyer does not have. However, if he wants to arrange insurance, then it will have to be at his own expense. However, we have already written that the seller must provide any data that is necessary for processing the relevant documents.

More about cost sharing

However, the terms of delivery of CPT (Incoterms 2010) provide for certain conditions under which the buyer will pay. Let's get acquainted with them in more detail.

Unless otherwise specified in the contract, it will pay all costs arising prior to delivery. However, if the documents do not specify something different, the supplier pays for all this. Again, subject to availability of such an item in the contract, it can be paid for the services of unloading and loading of goods, but usually the supplier itself is responsible for this.

If the buyer did not accept the goods within the specified period, although the delivery was effected, he pays all the additional costs incurred. In addition, the payment of unforeseen expenses (related to the goods) during the transportation of goods through the territory of another country (if there is no other in the contract) is almost always assigned to the recipient.

So we reviewed the terms of delivery of CPT (Incoterms). 2012 brought new rules, but all the provisions described by us remained unchanged.

Cases of force majeure

This means situations where one of the parties can not fulfill their obligations for reasons that do not depend on the supplier or the buyer. As a rule, these are natural disasters, destabilization of the political situation in the country or something like that. Most often in the contract there is an item according to which the parties can disperse amicably. If this does not happen, the situation is considered in the arbitration court.