How can you ensure your insurance policies comply with International Commercial Terms? (2024)

Last updated on Jan 24, 2024

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Know the different Incoterms

2

Choose the right Incoterm for your transaction

3

Review your insurance policy carefully

4

Communicate with your trading partner and your insurer

5

Follow the best practices and regulations

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Here’s what else to consider

If you are involved in import/export operations, you need to understand how International Commercial Terms (Incoterms) affect your insurance policies. Incoterms are a set of rules that define the responsibilities and risks of buyers and sellers in international trade. They also determine who pays for the insurance coverage and who files the claims in case of damage or loss. In this article, you will learn how to ensure your insurance policies comply with Incoterms and protect your interests.

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  • Rafael Meier Diretor de Operações na AIN GLOBAL | Liderança, Estratégia e Comércio Exterior

    How can you ensure your insurance policies comply with International Commercial Terms? (3) 1

  • Jesús Manuel Flores P LOGÍSTICA | COMERCIO EXTERIOR Y ADUANAS | COMPRAS NACIONALES E INTERNACIONALES |SAP R/3 MODULO MM | TRANSPORTE DE…

    How can you ensure your insurance policies comply with International Commercial Terms? (5) 1

How can you ensure your insurance policies comply with International Commercial Terms? (6) How can you ensure your insurance policies comply with International Commercial Terms? (7) How can you ensure your insurance policies comply with International Commercial Terms? (8)

1 Know the different Incoterms

There are 11 Incoterms that are divided into two categories: rules for any mode of transport and rules for sea and inland waterway transport. Each Incoterm specifies the point at which the risk of loss or damage transfers from the seller to the buyer, and who is responsible for arranging and paying for the insurance. For example, under EXW (Ex Works), the seller has the least obligation and the buyer bears all the risks and costs from the seller's premises. Under CIP (Carriage and Insurance Paid To), the seller pays for the carriage and the minimum insurance coverage until the destination, but the risk transfers to the buyer once the goods are handed over to the carrier.

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  • Rafael Meier Diretor de Operações na AIN GLOBAL | Liderança, Estratégia e Comércio Exterior

    Uma das primeiras dicas que sou aos profissionais de comércio internacional, principalmente no início de carreira é: domine os incoterms!Pode parecer algo básico e simples, mas quanto mais você conhece na prática, mais você entende o motivo deles existirem. O livro dos incoterms oficial da ICC é bastante didático e é traduzido em diversos idiomas, vale a pena estudar!

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    How can you ensure your insurance policies comply with International Commercial Terms? (17) 1

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  • It is crucial to be familiar with the 11 Incoterms as they define when the risk transfers and determine insurance responsibilities in international trade. For example EXW places most of the responsibility on the buyer while CIP requires sellers to cover transportation and minimum insurance until reaching the destination. Having a grasp of these distinctions helps ensure that insurance policies align correctly with obligations under each Incoterm.

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2 Choose the right Incoterm for your transaction

Depending on your role, the type of goods, the destination, and the mode of transport, you should choose the most suitable Incoterm for your transaction. You should also consider the customs clearance, the delivery time, and the payment terms. For example, if you are a seller and you want to have more control over the shipment and the insurance, you might prefer FOB (Free On Board) or CIF (Cost, Insurance and Freight). If you are a buyer and you want to reduce your liability and costs, you might opt for DAP (Delivered At Place) or DDP (Delivered Duty Paid).

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  • Rafael Meier Diretor de Operações na AIN GLOBAL | Liderança, Estratégia e Comércio Exterior

    Apesar do ideal dos Incoterms ser justamente o alinhamento dos entendimentos entre as responsabilidades do comprador e vendedor na logística, na prática não acontece isso. É muito comum que o entendimento e utilização dos incoterms sejam diferentes em países e regiões. O alinhamento de entendimento entre as partes se faz necessário para evitar problemas futuros e entender qual a melhor opção.

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  • Selecting the Incoterm depends on various factors such as the roles of both seller and buyer nature of goods being traded, destination, mode of transport used customs clearance requirements, delivery timeframes and payment terms. For instance FOB or CIF may be preferred by sellers who want control over shipping and insurance matters while DAP or DDP could be more advantageous, for buyers looking to minimize liability and costs.

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3 Review your insurance policy carefully

Before you sign a contract with an Incoterm, you should review your insurance policy carefully and make sure it covers the risks and liabilities that you are assuming. You should also check the exclusions, limitations, deductibles, and claims procedures. You should be aware that some Incoterms require a minimum insurance coverage, such as CIP and CIF, which only cover the Institute Cargo Clauses (C), the lowest level of protection. You might want to upgrade your insurance policy to a higher level, such as Institute Cargo Clauses (A) or (B), or add additional clauses to cover specific risks, such as war, strikes, or theft.

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  • Rafael Meier Diretor de Operações na AIN GLOBAL | Liderança, Estratégia e Comércio Exterior

    Entender sua apólice é essencial para evitar problemas futuros e também reduzir custos. Muito se fala sobre entender a apólice para ver se ela atende suas necessidades. Mas também é necessário para ver se não há coberturas demais e desnecessárias. Por exemplo, se eu só utilizo um modal de transporte, talvez não precise de todos.

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    How can you ensure your insurance policies comply with International Commercial Terms? (51) 1

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  • It is essential to review your insurance policy to ensure that it aligns with the responsibilities outlined by your chosen Incoterm.This process involves reviewing coverage, exclusions, limitations and claim procedures. While certain Incoterms such, as CIP and CIF specify minimum coverage levels it may be wise to consider upgrading to coverage like Institute Cargo Clauses (A) or (B) for broader protection.

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4 Communicate with your trading partner and your insurer

To avoid misunderstandings and disputes, you should communicate with your trading partner and your insurer clearly and frequently. You should confirm the Incoterm, the insurance policy, the invoice, and the shipping documents before the shipment. You should also inform your trading partner and your insurer of any changes or delays in the shipment. In case of damage or loss, you should notify your trading partner and your insurer as soon as possible and provide them with the necessary evidence and documentation to support your claim.

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  • Jesús Manuel Flores P LOGÍSTICA | COMERCIO EXTERIOR Y ADUANAS | COMPRAS NACIONALES E INTERNACIONALES |SAP R/3 MODULO MM | TRANSPORTE DE MERCANCÍAS| ISO 9001:2015 | SISTEMA DE GESTIÓN DE LA CALIDAD.

    Buenas tardes.Definitivamente la selección de la condición de entrega basada en los INCOTERMS 2020 es relevante al momento de contratar una póliza de seguro que cubra suficientemente los riesgos durante el transporte internacional de mercancías.Una práctica común es la de contratar los servicios de compañías aseguradoras de primera linea, evaluar cada una de las fases del transporte, evaluar los riesgos, algunos de ellos implícitos o no.Se recomienda contratar una póliza de seguro que cubra todo el trayecto de transporte, desde las instalaciones del vendedor hasta las instalaciones del comprador: Esta póliza se conoce como puerta a puerta.Espero que esta nota sirva de ayuda.

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  • Maintaining frequent communication with trading partners and insurers is crucial to avoid any misunderstandings. It is essential to confirm the agreed upon Incoterms, insurance details, invoices and shipping documents before the shipment takes place. Additionally promptly informing all parties involved about any changes or issues that may arise is vital for ensuring operations. In case of a claim, timely notification along with the provision of documentation holds importance.

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5 Follow the best practices and regulations

Finally, you should follow the best practices and regulations for import/export operations and insurance. You should use the latest version of Incoterms, which is Incoterms 2020, and specify it in your contract and invoice. You should also comply with the local laws and customs of the origin and destination countries, and obtain the required permits and certificates. You should also pack, label, and handle your goods properly and securely, and use reliable carriers and intermediaries. By following these steps, you can ensure your insurance policies comply with Incoterms and safeguard your import/export operations.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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  • Jesús Manuel Flores P LOGÍSTICA | COMERCIO EXTERIOR Y ADUANAS | COMPRAS NACIONALES E INTERNACIONALES |SAP R/3 MODULO MM | TRANSPORTE DE MERCANCÍAS| ISO 9001:2015 | SISTEMA DE GESTIÓN DE LA CALIDAD.

    Buenas tardes.Se recomienda conocer con exactitud el tipo, características y especificaciones de las mercancías que son objeto de comercio internacional, especialmente si se trata de productos químicos; especialmente al momento de considerar el transporte marítimo, aéreo, terrestre o multimodal. de ellos.Las hojas de seguridad de las mercancías, denominadas MATERIAL SAFETY DATA SHEET (MSDS), contienen una sección identificada como TRANSPORTE DE MERCANCÍAS, y en ella se especifica si las mercancías podrán ser objeto de transporte marítimo, aéreo, terrestre o multimodal, lo que contribuiría a seleccionar el término INCOTERM más adecuado..

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How can you ensure your insurance policies comply with International Commercial Terms? (2024)

FAQs

What is international commercial terms in contract? ›

What are INCOTERMS? INCOTERMS are the language you'll need when you're trading abroad, defining the trade contract responsibilities and liabilities between a buyer and a seller. They cover who is responsible for paying freight costs, insuring goods in transit and covering any import/export duties, for example.

What are the 3 types of insurance in Incoterms? ›

Common INCOTERMS include:
  • EX WORKS: the buyer is responsible for freight and insurance.
  • Cost Insurance Freight (CIF): the seller is responsible for freight and insurance.
  • Free On Board (FOB): the buyer is responsible for insurance once the cargo is onboard the vessel.
May 29, 2020

What is the Incoterms strategy? ›

Meant for business-to-business trade, Incoterms define the responsibilities of the buyer and seller in the delivery of goods. Incoterms also convey risk, which party should pay what charges, and where physical delivery occurs. That said, they communicate neither payment terms nor title of goods.

How do you include Incoterms in a contract? ›

Put the Incoterms on the contract before signing

Add Incoterms to the contract, indicating the version used and providing any other required information. For example, some rules will require buyers and sellers to indicate both a delivery location and a destination.

What are the advantages of international commercial terms? ›

Incoterms provide legal transparency between shipping companies of various nations through standardized rules identified by common codes for all modes of transportation.

Who declares the international commercial terms? ›

Incoterms 2020 rules are the official commercial terms published by the International Chamber of Commerce (ICC). They are a voluntary, authoritative, globally-accepted and adhered-to text for determining the responsibilities of buyers and sellers for the delivery of goods under sales contracts for international trade.

Who is responsible for insurance in INCOTERMS? ›

With the exception of CIF and CIP terms, INCOTERMS place no burden on the seller or buyer to provide insurance. However, depending upon the actual term used for each shipment the seller or buyer bears responsibility for loss or damage to the goods at some point during transit.

What are the 4 main parts of an insurance contract policy? ›

The Basics of an Insurance Contract

Declaration Page. Insuring Agreement. Exclusions. Conditions.

What are the 6 major Incoterms? ›

In this article, we will delve into the basics of Incoterms, focusing on six commonly used terms: Ex Works (EXW), Free On Board (FOB), Cost and Freight (CFR), Cost Insurance and Freight (CIF), Delivered At Place (DAP), and Delivered Duty Paid (DDP).

Are Incoterms mandatory? ›

The Incoterms rules are not mandatory. They are not laws enacted by governments, but rather, guidelines agreed to by parties to a contract.

How do you negotiate Incoterms? ›

If your supplier proposes a different INCOTERM than your preferred one, you need to compare and negotiate the terms and conditions. You should evaluate the pros and cons of each option, taking into account the impact on your costs, risks, and obligations.

How do I know which Incoterm to use? ›

In choosing the right incoterm, buyers and sellers must consider their experience level. For example, EXW Incoterm is not suitable for importers. A buyer with more experience importing goods can decide on Ex Works Incoterm. DAP, DDP, and DPU Incoterms are good for importers with little experience.

What Incoterms should I use for international trade? ›

For an international purchase operation, the most advantageous Incoterms for the importer will be DAT (Delivered At Terminal), DAP (Delivered At Place) and DDP (Delivered Duty Paid). The buyer is only responsible for customs formalities in the country of arrival, inland transport to his premises and unloading.

What are the examples of Incoterm? ›

Incoterms Applying to Sea and Inland Waterway Transport
  • CFR – Cost and Freight (insert named port of destination)
  • CIF – Cost Insurance and Freight (insert named port of destination)
  • FAS – Free Alongside Ship (insert name of port of loading)
  • FOB – Free on Board (insert named port of loading)

What is the function of international commercial terms or Incoterms? ›

The core functions of Incoterms® used in international trade: Outline the obligations of the buyer and the seller in a trade transaction. Clarify when risk passes from seller to buyer under each of these rules. Outline how costs are allocated between the buyer and the seller.

What is international commercial terms 2000? ›

Incoterms 2000 – International commercial terms

They are used to divide transaction costs and responsibilities between buyer and seller and reflect state-of-the-art transportation practices. They closely correspond to the U.N. Convention on Contracts for the International Sale of Goods.

What is meant by international contract? ›

International contracts refers to a legally binding agreement between parties, based in different countries, in which they are obligated to do or not do certain things. International contracts may be written in a formal way.

What are the 11 Incoterms? ›

There are 11 Incoterms in total, and they are divided into two categories: Incoterms for Any Mode of Transport: These include EXW (Ex Works), FCA (Free Carrier), CPT (Carriage Paid To), CIP (Carriage and Insurance Paid To), DAP (Delivered at Place), DPU (Delivered at Place Unloaded), and DDP (Delivered Duty Paid).

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