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I NTERNAT I ONAL COMMERC I AL LAW
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been shipped by the first seller in the string
2
. The seller in the middle of the
string therefore performs its obligations towards its buyer not by shipping
the goods, but by “procuring” goods that have been shipped.
Incoterms® 2010 rules includes the obligation to “procure goods
shipped” as an alternative to the obligation to ship goods in the relevant
Incoterms rules.
c. Significant issues that must be taken into consideration when
using Incoterms® 2010
Not only uniform interpretation of Incoterms is significant but also
being well informed about Incoterms in order to be able to choose the
appropriate Incoterm rules convenient for the particular transaction between
them is rather important for the parties. Therefore, while incorporating
the Incoterms 2010 rules into their contract, parties must carefully read
the rules and the guidelines that are placed before each Incoterm. The
mentioned guidelines explain the fundamentals of each Incoterm rule and
try to assist the users to accurately and efficiently choose the appropriate
Incoterm rule for that particular transaction.
It is also very important to specify the place or port as precisely as
possible in order for chosen Incoterm rule to be able to work and to avoid
the parties to face unexpected duties to be borne on them.
As a last remark, as stated under Section II (B) (1) (b) above, Incoterm
rules do not regulate every aspect of a commercial relationship and do not
give the parties a complete contract of sale. Therefore, parties should deal
with through express terms in the contract of sale or in the law governing
that contract as to issues not covered by Incoterms.
The parties should also be aware that mandatory local lawmay override
any aspect of the sale contract, including the chosen Incoterms rule.
Incoterms® 2010 Rules have been launched on September 2010 and
will enter into force officially on 1st January 2011. Until the entry in force
of Incoterms® 2010, the parties are free to use either Incoterms 2000 or
Incoterms® 2010. After 1st January 2011, unless otherwise stated by the
parties, all references to Incoterms rules will be deemed to be made to
Incoterms® 2010. As any new version of Incoterms does not cancel the old
2 Incoterms 2010, p. 9.