DAP is a term newly added in Incoterms 2010, replacing DAF[2] (Delivered at Frontier), DES[3] (Delivered Ex Ship), and DDU[4] (Delivered Duty Unpaid). This rule applies regardless of the chosen mode of transport and also applies when more than one mode of transport is used. Delivered at Place means that the seller fulfills its obligation by placing the goods at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place. Although the seller bears the risks until the goods reach the destination, it is recommended that the parties specify the agreed destination point as precisely as possible. It is recommended that the seller conclude a contract of carriage that exactly matches this choice. If the seller incurs costs of unloading under the contract of carriage, the seller is not entitled to seek recovery of those costs from the buyer unless otherwise agreed between the parties. Where customs formalities are necessary (when/as appropriate), the DAP rule requires the seller to carry out export customs clearance formalities for the goods, but the seller has no obligation to carry out import customs clearance, pay any import duties, or carry out any import customs formalities. If the parties wish the seller to carry out import customs clearance, pay any import duties, and carry out any import customs formalities, the DDP rule should apply.
| A THE SELLER’S OBLIGATIONS | B THE BUYER’S OBLIGATIONS |
| A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed by the parties or customary. | B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed by the parties or customary. |
| A2 Licenses, authorizations, security clearances and other formalities Where customs formalities are necessary, the seller must obtain, at its own risk and cost, any export license or other official authorization and carry out all customs formalities necessary for the export of the goods and for their transport through any country prior to delivery. | B2 Licenses, authorizations, security clearances and other formalities Where customs formalities are necessary, the buyer must obtain, at its own risk and cost, any import license or other official authorization and carry out all customs formalities necessary for the import of the goods. |
| A3 Contracts of carriage and insurance a) Contract of carriage The seller must contract at its own cost for the carriage of the goods to the named place of destination. If no such point is agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose. b) Contract of insurance The seller is under no obligation to the buyer to make a contract of insurance. However, if the buyer requests insurance and bears its own risk and cost, the seller should provide all information needed for concluding the insurance contract. | B3 Contracts of carriage and insurance a) Contract of carriage The buyer is under no obligation to the seller to make a contract of carriage. b) Contract of insurance The buyer is under no obligation to the seller to make a contract of insurance. However, if the buyer wishes to obtain insurance, it must request it from the seller and provide the necessary information to the seller. |
| A4 Delivery The seller must place the goods at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination on the agreed date or within the agreed period. | B4 Taking delivery (Taking delivery of goods) The buyer must take delivery of the goods when the seller has delivered them in accordance with A4. |
| A5 Transfer of risks The seller bears all risks of loss of or damage to the goods until the goods have been delivered in accordance with A4, with the exception of those in B5. | B5 Transfer of risks The buyer bears all risks of loss of or damage to the goods from the time the goods have been delivered in accordance with A4. a) If the buyer fails to fulfill its obligations under B2, the buyer bears all risks of loss of or damage to the goods. b) If the buyer fails to give notice in accordance with B7, the buyer bears all risks of loss of or damage to the goods from the agreed date or the expiry date of the agreed period, provided that the goods have been clearly identified as the contract goods. |
| A6 Allocation of costs The seller must pay a) All costs relating to the goods until they have been delivered in accordance with A4, other than those payable by the buyer as provided for in B6, as well as costs incurred under A3a; b) Any costs of unloading at the destination which are payable by the seller under the contract of carriage; c) Where customs formalities are necessary, all duties, taxes, and other charges payable upon export, and the costs for customs formalities necessary for the export of the goods as well as costs for transit through any country prior to delivery in accordance with A4. | B6 Allocation of costs The buyer must pay a) All costs relating to the goods from the time they have been delivered in accordance with A4; b) All costs of unloading the goods from the arriving means of transport at the named place of destination to take delivery, unless such costs are borne by the seller under the contract of carriage; c) All costs incurred by the seller if the buyer fails to fulfill its obligations under B2 or fails to give notice under B7, provided the goods have been clearly identified as the contract goods; d) Where customs formalities are necessary, all duties, taxes, and other charges payable upon import and the costs for carrying out customs formalities necessary for the import of the goods. |
| A7 Notice to the buyer The seller must give the buyer sufficient notice to enable the buyer to take such measures as are normally necessary to take delivery. | B7 Notice to the seller Once the buyer is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, the buyer must give the seller sufficient notice thereof. |
| A8 Delivery document The seller must, at its own cost, provide the buyer with a document enabling the buyer to take delivery of the goods as provided in A4/B4. | B8 Proof of delivery The buyer must accept the delivery document provided by the seller in accordance with A8. |
| A9 Inspection, packaging, marking The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any inspections mandated by the authorities of the exporting country. The seller must bear the costs of packaging the goods unless it is customary in the specific trade to ship the goods unpackaged. The seller must package the goods in a manner suitable for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. The packaging must be appropriately marked. | B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except for inspections mandated by the authorities of the exporting country. |
| A10 Assistance with information and related costs Where customs formalities are necessary, at the buyer’s request, risk and cost, the seller must promptly provide the buyer with all documents and information necessary for the import of the goods or for their transport, including security-related information. The seller must reimburse the buyer all costs incurred by the buyer in providing or rendering assistance under B10. | B10 Assistance with information and related costs The buyer must promptly inform the seller of all security information requirements so that the seller can comply with A10. The buyer must reimburse the seller all costs incurred by the seller in providing or rendering assistance under A10. At the seller’s request, risk and cost, the buyer must promptly provide the seller with all documents and information necessary for the import of the goods or for their transport, including security-related information. |
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