International Sales Law: Logistics and related matters
by Jon Kihlman
A Course for Professional Buyers
Professional buyers encounter numerous scenarios where understanding the nuances of delivery, passing of risk, insurance, Incoterms 2020, examination after delivery, and notification of non-conformity are crucial in protecting the interests of the buying organization.
In international trade, insuring goods is vital to protect against transportation risks. Insurance coverage should be aligned with the value of the goods and the specific risks involved in transit.
Incoterms (International Commercial Terms) are a set of 11 standardized rules published by the International Chamber of Commerce. They are used globally to define the responsibilities of buyers and sellers in the transportation of goods.
Each term (e.g., FOB, CIF, DDP) clearly delineates the point at which the risk and cost responsibilities shift from the seller to the buyer. For instance, under FOB (Free On Board), the seller is responsible until the goods are loaded onto the shipping vessel, after which the buyer assumes risk.
Understanding these terms is crucial in international procurement as they significantly affect cost calculations and risk management.
Upon receiving the goods, it's imperative for buyers to conduct a thorough examination as soon as possible. This examination is to verify if the goods conform to the contractual specifications and quality standards.
The time frame for this examination should be explicitly stated in the contract, as failure to inspect within this period might result in the buyer losing the right to claim for non-conformity.
If the goods are found to be non-conforming (either in quality, quantity, or specification), the buyer must notify the seller within a specified period, as stipulated in the contract or governed by applicable laws.
This notification should be detailed, specifying the nature of the non-conformity and the expected remedial actions (e.g., replacement, repair, refund).
For professional buyers, especially in the realm of international procurement, a comprehensive understanding of these elements is crucial. They not only safeguard the interests of the buying organization but also ensure smoother transaction processes. By being well-versed in the dynamics of delivery, risk transfer, insurance, Incoterms 2020, and the protocols for examination and notification post-delivery, buyers can navigate complex procurement landscapes more effectively, ensuring the successful acquisition of goods while mitigating potential risks.
Introducing delivery and passing of risk, insurance, Incoterms 2020, examination after delivery and notification of non-conformity.
Delivery according to CISG including initial comparison with Incoterms 2020.
Introducing the structure and content of Incoterms-2020 rules
GISC and timeframe available to notify lack of conformity and more.
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International Sales Law for Procurement Professionals by Jon Kihlman
Learn How to Source is an online platform based in Sweden, offering a range of procurement courses accessible globally. It serves as a community where procurement experts share their knowledge through online courses, designed for various experience levels from introductory to expert. Courses are concise, about 30 minutes each, and cover different aspects of procurement, tailored for different buyer roles. The courses focus on practical knowledge, presented by seasoned professionals, and include quizzes and certificates. They can be accessed from any device, emphasizing microlearning for flexibility and efficiency.