Reference

Incoterms 2020 — who pays, who carries the risk

An Incoterm answers three questions and only three: where the seller delivers, where risk passes, and which costs each side pays. It does not set the price, the payment method or title. Use this reference to pick the rule that matches your actual handover, then put the numbers into the landed-cost calculator.

Risk and cost can pass at different places

In CPT, CIP, CFR and CIF the seller pays freight to the destination, but risk passes when the goods are handed to the first carrier or loaded on board. A seller can therefore pay to move goods it no longer owns commercially. Read the risk point before the freight line; the two are not the same handover.

The 2020 rules list cost obligations in article A9 and risk in A3 for every term. When a contract adds a clause that moves one without the other, state it explicitly instead of assuming the Incoterm covers it.

The Incoterm is not the sales contract

Incoterms cover delivery, risk, costs and clearance. They do not cover payment terms, title, product compliance, warranties, force majeure or the law that governs the contract. A DDP term does not make the seller responsible for product safety, and an EXW term does not remove the buyer's import obligations.

Use the term as a short handover clause, then write the commercial terms around it. If the buyer and seller want the seller to handle import clearance, DDP or DAP plus a separate service agreement is clearer than stretching FCA.

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