Incorporation of Incoterms into a sale contract will not bind any third party, or govern any other contract. It remains for the seller or buyer to ensure that the agreed Incoterm correctly reflects the reality for finance, carriage and insurance. Start with the end in mind!
1 January 2020 we witnessed the introduction of Incoterms® 2020. Revised every ten years, in common with previous editions, this latest revision has been assessed against current business practices, taking into account new technologies and challenges faced through the intervening period.
Returning to the topic of trade terms covered in TT Talk 178 in September 2013, this article aims to clarify the concepts of risk and property (or title to the goods) and explain how the use of the Incoterms® affects the transfer of risk and property. Further, the article sets out how the transfer of risk in intrinsically linked to the issue of who can sue for loss or damage to goods.
