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DES/DEQ
Terms prefixed
'D' are 'Contracts of Arrival' involving the passing of risk and
responsibility at the point where costs also terminate.
DES (Delivered
Ex Ship) is Monomodal. Although not triggered by the use of the
ship's rail, the point of handover (ship's side, arrived) will be
inappropriate in a modern port. The buyer may not be able to take
control at a point in a restricted port area. An alternative D term
such as DDU might be better suited to represent an achievable point
of handover for both parties.
DES will often
financially correlate to CFR. But, for the buyer DES represents
CFR without the disadvantages of placing risks on the buyer, over
which they have no control. (See CFR)
From the seller's
perspective, DES reverses the risk advantages of CFR, placing all
risks with the seller until the cargo arrives at the named port.
DEQ (Delivered
Ex Quay) extends the shipper's responsibility beyond the arrival
of the vessel to the point where the goods are discharged.
Although not
triggered by the use of the ship's rail, the point of handover (landside
on the harbour, duty paid) is frequently inappropriate in a modern
port environment. The buyer may not be able to take control at that
point and an alternative D term such as DDP may be better suited
to identify an achievable point of handover between the two parties.
Seller's using
DEQ are cautioned that they must be in a position to pay the destination
discharge fees both in physical terms as well as administratively
in accordance with any Exchange Control Regulations applicable in
the country of Origin.
Caution is appropriate
when using D prefixed terms with Documentary Credits as few 'documents'
are geared to record the passing of risks on arrival.
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