DAF
DELIVERED AT FRONTIER (...named place)
"Delivered at Frontier" means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. The term "frontier" may be used for any frontier including that of the country of export. Therefore it is very important that the frontier in question be defined precisely by always naming the point and place in the term.
This term may be used irrespective of the mode of transport when goods are to be delivered at a land frontier. When delivery is to take place in the port of destination, on board a vessel or on the quay (wharf), the DES or DEQ terms should be used.
A THE SELLER'S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization or other document necessary for placing the goods at the Buyer's disposal.
The seller must effect, where applicable, all customs formalities necessary to export the goods to the named place of delivery at the frontier and for their transit through any country.
A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the goods to the named point, if any, at the place of delivery at the frontier. If a point at the named place of delivery at the frontier is not agreed or is not determined by practice, the seller may select the point at the named place of delivery which best suits his purpose.
However, if requested by the buyer, the seller may agree to contract on usual terms at the buyer's risk and expense for the on-going carriage of the goods beyond the named place at the frontier to the final destination in the country of import named by the buyer. The seller may decline to make the contract and, if he does, shall promptly notify the buyer accordingly.
b) Contract of insurance
No obligation.
A4 Delivery
The seller must place the goods at the disposal of the buyer on the arriving means of transport not unloaded at the named place of delivery at the frontier on the date or within the agreed period.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
- In addition to the costs resulting from A3 a), all costs relating to the goods until such time as they have been delivered in accordance with A4 and
- where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export, and for their transit through any country prior to delivery in accordance with A4.
A7 Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the goods to the named place at the frontier as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to take delivery of the goods.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at his own expense with the usual transport document or other evidence of the delivery of the goods at the named place at the frontier in accordance with A3 a).
The seller must, should the parties agree on on-going carriage beyond the frontier in accordance with A3 a), provide the buyer at the latter's request, risk and expense, with the through document of transport normally obtained in the country of dispatch covering on usual terms the transport of the goods from the point of dispatch in that country to the place of final destination in the country of import named by the buyer.
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc, which are necessary for the purpose of delivering the goods in accordance with A4..
The seller must provide at his own expense packaging which is required for the delivery of the goods at the frontier and for the subsequent transport to the extent that the circumstances like "modalities", "destination" are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer's request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes..
B THE BUYER'S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization or other documents and fulfill, where applicable, all customs formalities for the import of the goods and for their subsequent transport.
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4.
The buyer must, should he fail to give notice in accordance with B7, bear all risks of the goods from the agreed date or the expiry date of the agreed period for delivery provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4, including the expenses of unloading necessary to take delivery of the goods from the arriving means of transport at the named place of delivery at the frontier
- all additional costs incurred if he fails to take delivery of the goods when they have been delivered in accordance with A4, or to give notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their subsequent transport.
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the time within an agreed period and/or the point of taking delivery at the named place, give the seller sufficient notice thereof.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the transport document and/or other evidence of delivery in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.
If necessary, according to A3 a), the buyer must provide the seller at his request and the buyer's risk and expense with the exchange control authorization, permits, other documents or certified copies thereof, or with the address of the final destination of the goods in the country of import for the purpose of obtaining the through document of transport or any other document contemplated in A8.