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Incoterms in practice: which to use, and the mistakes that cost money

FOB does not work for containers, CIF does not protect the buyer and DDP can be a trap. A direct guide to responsibilities, risk and cost under each term.

Incoterms in practice: which to use, and the mistakes that cost money

Incoterms are the three letters that define who pays for what, who bears the risk on each leg and who handles customs. Choosing the wrong one is the fastest way to lose money on an operation that looked profitable.

The most used terms and when they make sense

TermWho books the main carriageWhere risk passes to the buyerSuited to
EXWBuyerAt the seller's premisesBuyers with logistics capability at origin
FCABuyerOn handover to the carrierContainers and air freight (replaces FOB)
FOBBuyerOn board the vesselBreak bulk or bulk cargo
CIF / CFRSellerOn board the vessel at originSellers with good freight rates
DAP / DPUSellerAt the agreed destinationSellers who want to control the delivery experience
DDPSellerAt destination, duties paidRare; requires the seller to be registered as importer

The mistakes we see most

  1. FOB with containers. Risk passes "on board", but the container sits at the terminal for days before that. Use FCA.
  2. Treating CIF as protection. Under CIF the seller buys minimum cover. If the cargo has value, the buyer should arrange its own insurance.
  3. DDP without the structure. A foreign seller can rarely act as importer of record in Brazil. The term becomes an impossible promise.
  4. A term in the contract that differs from the term on the invoice. That creates customs discrepancies and valuation disputes.

Tip: always state the exact place after the term: "FCA Warehouse X, Shanghai" or "DAP Buyer's plant, Joinville". A term without a place is a source of dispute.

At TMLOG we review the Incoterm of each operation together with the client, weighing control, cost and risk. Often, moving from FOB to FCA or from CIF to DAP solves problems that looked logistical and were contractual.

Talita Melo
Talita MeloInternational Trade Specialist

International trade and logistics specialist with experience in import, export, customs clearance and international business development at TMLOG Global Trade & Logistics.

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