DAP

DAP - DELIVERED AT PLACE (…….named  place of destination)

This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.

·'Delivered at Place·· means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.

The parries are well advised to specify as clearly as possible the point within the agreed place of destination, as the risks to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely. If the seller incurs costs under its contract of carriage related to unloading at the place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.

DAP requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities. If the parries wish the seller to clear the goods for import, pay any import duty and carry our any import customs formalities, the DDP term should be used.



THE SELLER'S OBLIGATIONS THE BUYER'S OBLIGATIONS
A1 General obligations of the seller

The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.

Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary.

B1 General obligations of the buyer

The buyer must pay the price of the goods as provided in the contract of sale.

Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary.

A2 Licences, authorizations, security clearances and other formalities.

Where applicable, the seller must obtain, at its own risk and expense, any export licence and other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery.

B2 Licences, authorizations, security clearances and other formalities.

Where applicable, the buyer must obtain, at its own risk and expense, any import licence or other official authorization and carry our all customs formalities for the import of the goods.

A3 Contracts of carriage and insurance.
a) a) Contract of carriage
The seller must contract at its own expense for the carriage of the goods to the named place of destination or to the agreed point, if any, or the named place of destination. If a specific point is not agreed or is nor determined by practice, the seller may select the point at the named place of destination that best suits its purpose.
b) Contract of insurance
The seller has no obligation m the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer's request, risk, and expense (if any), with information that the buyer needs for obtaining insurance.
B3 Contracts of carriage and insurance.
a) Contract of carriage
The buyer has no obligation to the seller to make a contract of carriage.
b)The buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, upon request, with the necessary information for obtaining insurance.
A4 Delivery.

The seller must deliver the goods by placing them at the disposal of the buyer on the arriving means of transport ready for unloading at the agreed point, if any, at the named place of destination on the agreed elate or within the agreed period

B4 Taking delivery.

The buyer must take delivery of the goods when they have been delivered as envisaged in A4

A5 Transfer of risks.

The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A4, with the exception of loss or damage in the circumstances described in B5

B5 Transfer of risks.
The buyer bears all risks of loss of or damage to the goods from the time they have been delivered as envisaged in A4
If
a)the buyer fails to fulfil its obligations in accordance with B2, then it bears all resulting risks of loss of or damage to the goods; or
b)the buyer fails to give notice in accordance with B7, then it bears all risks of loss of or damage to the goods from the agreed elate or the expiry elate of the agreed period for delivery,
provided that the goods have been clearly identified as the contract goods.

A6 Allocation of costs.
The seller must pay
a)in addition to costs resulting from A3 from A3 a), all costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as envisaged in B6.
b)any charges for unloading at the place of destination that were for the seller's account under the contract of carriage; and
c)where applicable, the costs of customs formalities necessary for export as well as all duties, taxes and other charges payable upon export and the costs for their transport through any country, prior to delivery in accordance with A4
B6 Allocation of costs.
The buyer must pay
a)all costs relating to the goods from the time they have been delivered as envisaged in A4;
b)all costs of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of destination, unless such costs were for the seller's account under the contract of carriage;
c)any additional costs incurred by the seller if the buyer fails to fulfil its obligations in accordance with B2 or to give notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; and
d)where applicable, the costs of customs formalities, as well as all duties, taxes and other charges payable upon import of the goods.
A7 Notices to the buyer.
The seller must give the buyer any notice needed in order to allow the buyer to take measures that are normally necessary to enable the buyer to take delivery of the goods.
B7 Notices to the seller.
The buyer must, whenever it is entitled to determine the time within an agreed period and/or the point of taking delivery within the named place of destination, give the seller sufficient notice thereof.
A8 Delivery document.
The seller must provide the buyer, at the seIIer’s expense with a document enabling the buyer to take delivery of the goods as envisaged in 4/B4 .
B8 Proof of delivery.
The buyer must accept the delivery document provided as envisaged in A8.
A9 Checking - packaging – marking.
The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export.
The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately
B9 Inspection of goods.
The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
A10 Assistance with information and related costs.
The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer's request, risk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination.
The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10
B10 Assistance with information and related costs.
The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10 The buyer must reimburse the seller for all costs and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10
The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller's request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.