DPU | Delivered at Place Unloaded
DPU | Delivered at Place Unloaded
DPU | Delivered at Place Unloaded

1- Delivery and riskrisk—“Delivered at Place Unloaded” means that the seller

delivers the goods—and transfers risk—to the buyer

• when the goods,

• once unloaded from the arriving means of transport,

• are placed at the disposal of the buyer

• at a named place of destination or

• at the agreed point within that place, if any such point is agreed

The seller bears all risks involved in bringing the goods to and unloading

them at the named place of destination. In this Incoterms® rule, therefore, the delivery and arrival at destination are the same. DPU is the only Incoterms® rule that requires the seller to unload goods at destination. The seller should therefore ensure that it is in a position to organise unloading at the named place. Should the parties intend the seller not to bear the risk and cost of unloading, the DPU rule should be avoided and DAP should be used instead.

2. Mode of transportThis rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.

3. Places (or points) of delivery and destinationThe parties are well advised to specify the destination place or point as clearly as possible and this for several reasons. First, risk of loss of or damage tothe goods transfers to the buyer at that point of delivery/destination— and it is best for the seller and the buyer to be clear about the point at which that critical transfer happens. Secondly, the costs before that place or point of delivery/destination are for the account of the seller and the costs after that place or point are for the account of the buyer. 

Thirdly, the seller must contract or arrange for the carriage of the goods to the agreed place or point of delivery/destination. If it fails to do so, the seller is in breach of its obligations under this rule and will be liable to the buyer for any ensuing loss. The seller would, for example, be responsible for any additional costs levied by the carrier to the buyer for any additional oncarriage.

4- or procuring the goods so delivered’—The reference to “procure” here caters for multiple sales down a chain (string sales), particularly common in the commodity trades.

5- Export/import clearance—DPU requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import or for post-delivery transit through third countries, to pay any import duty or to carry out any import customs formalities. As a result, if the buyer fails to organise import clearance, the goods will be held up at a port or inland terminal in the destination country. Who bears the risk of any loss that might occur while the goods are thus held up at the port of entry in the destination country? The answer is the buyer: delivery will not have occurred yet, B3(a) ensuring that the risk of loss of or damage to the goods is with the buyer until transit to a named inland point can be resumed. If, in order to avoid this scenario, the parties intend the seller to

clear the goods for import, pay any import duty or tax and carry out any import customs formalities, the parties might consider using DDP.

A THE SELLER’S OBLIGATIONS

B THE BUYER’S OBLIGATIONS

A1 General obligations

The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract.

Any document to be provided by the seller may be in paper or electronic form as agreed or, where there is no agreement, as is customary.

A2 Delivery

The seller must unload the goods from the arriving means of transport and must then deliver them by placing them at the disposal of the buyer at the agreed point, if any, at the named place of destination or by procuring the goods so delivered. In either case the seller must deliver the goods on the agreed date or within the agreed period.

A3 Transfer of risks

The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with A2, with the exception of loss or damage in the circumstances described in B3.

A4 Carriage

The seller must contract or arrange at its own cost for the carriage of the goods to the named place of destination or to the agreed point, if any, at the named place of destination. If a specific point is not agreed or is not determined by practice, the seller may select the point at the named place of destination that best suits its purpose. The seller must comply with any

transport-related security requirements for transport to the

destination.

A5 Insurance

The seller has no obligation to the buyer to make a contract

of insurance. Delivery/transport document

A6 Delivery/transport document

The seller must provide the buyer, at the seller’s cost, with any document required to enable the buyer to take over the goods.

A7 Export/import clearance

a) Export and transit clearance Where applicable, the seller must carry out and pay for all export and transit clearance formalities required by the country of export and any country of transit (other than the country of import), such as:

• export/transit licence;

• security clearance for export/transit;

• pre-shipment inspection; and

• any other offcial authorisation.

b) Assistance with import clearance 

Where applicable, the seller must assist the buyer, at

the buyer’s request, risk and cost, in obtaining any documents and/or information related to all import clearance formalities, including security requirements and pre-shipment inspection, needed by the country of import.

A8 Checking/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 A2.

The seller must, at its own cost, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller must package and mark the goods in the manner appropriate for their transport, unless the parties have agreed on specizc packaging or marking requirements.

A9 Allocation of costs

The seller must pay:

a) all costs relating to the goods and their transport until they

have been unloaded and delivered in accordance with A2, other than those payable by the buyer under B9;

b) the cost of providing the delivery/transport document

under A6;

c) where applicable, duties, taxes and any other costs related to

export and any transit clearance under A7(a); and

d) the buyer for all costs and charges related to providing

assistance in obtaining documents and information in accordance with B5 and B7(a).

A10 Notices

The seller must give the buyer any notice required to enable the buyer to receive the goods.

B1 General obligations

The buyer must pay the price of the goods as provided in the

contract of sale.

Any document to be provided by the buyer may be in paper or

electronic form as agreed or, where there is no agreement, as

is customary.

B2 Taking delivery

The buyer must take delivery of the goods when they have been delivered under A2.

B3 Transfer of risks

The buyer bears all risks of loss of or damage to the goods from the time they have been delivered under A2.

If:

a) the buyer fails to fulfil its obligations in accordance with B7, then it bears all resulting risks of loss of or damage to the goods; or

b) the buyer fails to give notice in accordance with B10, then it bears all risks of loss of or damage to the goods from the agreed date or the end of the agreed period for delivery, provided that the goods have been clearly identified as the contract goods.

B4 Carriage

The buyer has no obligation to the seller to make a contract of carriage.

B5 Insurance

The buyer has no obligation to the seller to make a contract of insurance. However, the buyer must provide the seller, at the seller’s request, risk and cost, with information that the seller needs for obtaining insurance.

B6 Delivery/transport document

The buyer must accept the transport document provided
under A6.

A7 Export/import clearance

a) Assistance with export clearance

 Where applicable, the buyer must assist the seller at the seller’s request, risk and cost in obtaining any documents and/or information related to all export clearance formalities, including security requirements and pre shipment inspection,
needed by the country of export.
b) Import clearance Where applicable, the buyer must
carry out and pay for all formalities required by any country of transit and the country of import, such as:
• import license and any license required for transit;
• security clearance for import and any transit;
• pre-shipment inspection; and
• any other official authorization.

a) Assistance with export

and transit clearance Where applicable, the buyer must assist the seller at the seller’s request, risk and cost in obtaining any documents and/or information related to all export/transit clearance formalities, including security requirements and pre shipment inspection, needed by the country of export and any country of transit (other than the country of import).

b) Import clearance Where applicable, the buyer must carry out and pay for all formalities required by the country of import, such as:

• import licence;

• security clearance for import;

• pre-shipment inspection; and

• any other offcial authorisation.

B8 Checking/packaging/marking

The buyer has no obligation to the seller.

B9 Allocation of costs

The buyer must pay:

a) all costs relating to the goods from the time they have been delivered under A2;

b) the seller for all costs and charges related to providing

assistance in obtaining documents and information in accordance with A7(b);

c) where applicable, duties, taxes and any other costs related to import clearance under B7(b); and

d) any additional costs incurred by the seller if the buyer fails

to fulfil its obligations in accordance with B7 or to give notice in accordance with B10, provided that the goods have been clearly identified as the contract goods.

B10 Notices

The buyer must, whenever it is agreed that the buyer is entitled

to determine the time within an agreed period and/or the point

of taking delivery within the named place of destination, give

the seller sufficient notice.

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