DDU-Delivered Duty Unpaid

 

"Delivered duty unpaid" means that the seller fulfils his obligation to deliver when the goods have been made available at the named place in the country of importation. The seller has to bear the costs and risks involved in bringing the goods thereto (excluding duties, taxes and other official charges payable upon importation) as well as the costs and risks of carrying out customs formalities. The buyer has to pay any additional costs and to bear any risks caused by his failure to clear the goods for import in time.

If the parties wish the seller to carry out customs formalities and bear the costs and risks resulting therefrom, this has to be made clear by adding words to this effect.

If the parties wish to include in the seller's obligations some of the costs payable upon importation of the goods (such as value added tax(VAT)), this should be made clear by adding words to this effect: "Delivered duty unpaid, VAT paid, ... (named place of destination)".

This term may be used irrespective of the mode of transport.

A. The seller must

A.1. Provision of the goods in conformity with the contract

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.

A.2. Licences, authorisations and formalities

Obtain at his own risk and expense any export licence and other official authorisation and carry out all customs formalities for the exportation of the goods and, where necessary, for their transit through another country.

A.3. Contract of carriage and insurance

a) Contract of carriage

Contract on usual terms at his own expense for the carriage of the goods by a usual route and in the customary manner to the agreed point at the named place of destination.

If a point is not agreed or is not determined by practice, the seller may select the point at the named place of destination which best suits his purpose.

b) Contract of insurance

No obligation

A.4. Delivery

Place the goods at the disposal of the buyer in accordance with A.3. on the date or within the period stipulated.

A.5. Transfer of risks

Subject to the provisions of B.5., bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.

A.6. Division of Costs

Subject to the provisions of B.6.

- in addition to costs resulting from A.3.a), pay all costs relating to the goods until such time as they have been delivered in accordance with A.4.;

- pay the costs of customs formalities necessary for exportation as well as all duties, taxes and other official charges payable upon exportation and, where necessary, for their transit through another country.

A.7. Notice to the buyer

Give the buyer sufficient notice of the dispatch of the goods as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take the goods.

A.8. Proof of delivery transport document or equivalent electronic message

Provide at his own expense the delivery order and/or the usual transport document (for example a negotiable bill of lading, a non-negotiable sea waybill, an inland waterway document, an air waybill, a railway consignment note, a road consignment note, or a multimodal transport document) which the buyer may require to take delivery of the goods.

Where the seller and the buyer have agreed to communicate electronically the document referred to in the preceding paragraph may be replaced by an equivalent electronic data interchange(EDI) message.

A.9. Checking-packaging-marking

Pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A.4.

Provide at his own expense packaging (unless it is usual for the particular trade to deliver the goods of the contract description unpacked) which is required for the delivery of the goods. Packaging is to be marked appropriately.

A.10. Other obligations

Render the buyer at the latter's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A.8.) issued or transmitted in the country of dispatch and/or of origin which the buyer may require for the importation of the goods.

Provide the buyer, upon request, with the necessary information for procuring insurance.

B. The buyer must

B.1. Payment of the price

Pay the price as provided in the contract of sale.

B.2. Licence, authorisations and formalities

Obtain at his own risk and expense any import licence or other official authorisation and carry out all customs formalities necessary for the importation of the goods.

B.3. Contract of carriage

No obligation.

B.4. Taking delivery

Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4.

B.5. Transfer of risks

Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4., 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.

Should he fail to fulfil his obligations in accordance with B.2., bear all additional risks of loss of or damage to the goods incurred thereby and should he fail to give notice in accordance with B.7., bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery.

B.6. Division of costs

Pay all costs relating to the goods from the time they have been placed at his disposal at the named point of destination in accordance with A.4., 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.

Should he fail to fulfil his obligations in accordance with B.2., or to take delivery of the goods when they have been placed at his disposal in accordance with A.4., or to give notice in accordance with B.7., bear all additional costs incurred thereby.

Pay all duties, taxes and other official charges as well as the costs of carrying out customs formalities payable upon importation of the goods.

B.7. Notice to the seller

Whenever he is entitled to determine the time within a stipulated period and/or the place or taking delivery, give the seller sufficient notice thereof.

B.8. Proof of delivery, transport document or equivalent electronic message

Accept the appropriate delivery order or transport document in accordance with A.8.

B.9. Inspection of goods

Pay, unless otherwise agreed. the costs of pre-shipment inspection except when mandated by the authorities of the country of exportation.

B.10. Other obligations

Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10. and reimburse those incurred by the seller in rendering his assistance in accordance therewith.