CIP (Carriage And Insurance Paid To)
From Supply Chain Management Encyclopedia
CIP Фрахт/перевозка и страхование оплачено до (...названное место назначения)
In accordance with rules of Incoterms® 2010, the CIP (Carriage And Insurance Paid To) 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. The CIP term is often used in sales where the shipment is by air freight, containerized ocean freight, courier shipments of small parcels, and in "ro-ro" (roll-on, roll-off) shipments of motor vehicles. It is important to note that the transfer of risk from seller to buyer occurs at a different point than the transfer of costs (See Table 1. below). The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination. In CIP, the named place of destination is domestic to the buyer. The seller contracts for insurance cover against the buyer's risk of loss of or damage to the goods during the carriage. The seller is required to obtain insurance only on minimum coverto the "named place of destination." This is where costs transfer from seller to buyer. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements. The seller fulfills its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.
The parties are well advised to identify as precisely as possible in the contract both the place of delivery, where the risk passes to the buyer, and the named place of destination to which the seller must contract for carriage. If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery, the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the seller's choosing and over which the buyer has no control. Should the parties wish the risk to pass at a later stage (e.g., at an ocean port or an airport), they need to specify this in their contract of sale.
The parties are also well advised to identify in the contract of sale and in contracts of carriage, as precisely as possible, the point within the agreed place of destination, as the costs to that point are for the account of the seller. The seller is advised to procure contracts of carriage that match this choice precisely.
If the seller incurs costs under its contract of carriage related to unloading at the named place of destination, the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties. The CIP rule requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.
|Table 1. Seller's/Buyer's Responsibilities Allocation for Carriage Arrangements, Transaction Costs, and Risk Transfer as Stated by the CIP Rule of Incoterms® 2010|
|Seller (Exporter), Named Place, Seller's Facilities||Export Documents, Formalities, and Duties (if any)||Pre-carriage to Named Place, Not Unloaded||Delivery at Named Place / Port, Unloaded||Ready for Loading at Named Place / Port of Shipment||Loaded on Bord of Ship or Vehicle||Transport by Air, Rail, Road, Water, or Multimodal||On Board Ship or Vessel, Not Unloaded||Discharging (Unloading) at Named Place / Port of Destination||Delivery at Named Place / Terminal||Onward Carriage to Named Place, Not Unloaded||Import Documents, Formalities, and Duties||Buyer (Importer) - Named Place, Unloaded|
|Seller's/Buyer's Responsibilities Allocation for a Contract for the Carriage of Goods as Stated by the CIP Rule of Incoterms® 2010|
|Seller's/Buyer's Responsibilities Allocation for Transaction Costs as Stated by the CIP Rule of Incoterms® 2010|
|Seller's/Buyer's Transaction (Loss/Damage of Goods) Risk Transfer as Stated by the CIP Rule of Incoterms® 2010|
|Seller’s responsibility to insure the goods under the CIP Rule of Incoterms® 2010|
|Buyer’s insurable interest |
Summary on Buyer's and Seller's Responsibilities under CIP Rule in Incoterms® 2010
|Seller's Responsibilities (in brief)||Buyer's Responsibilities (in brief)|
|Goods - Payment||
|Licenses, Security, and Customs Formalities|
|Delivery - Taking Delivery||
|Notice to the Buyer - Notice to Seller||
|Delivery and Transport Documents - Proof of Delivery||
|Checking, Packing, Marking - Inspection(s)||
- CIT, AAA Rail Terminal 1, Ekaterinburg, Russia
- CIP, ZZZ Consolidated Barge Terminal, Strassburg, France
-  According to Incoterms rules, seller and buyer have reciprocal responsibilities only. The "no obligation" term often used in the rules of Incoterms means that one party has not obligation to the other party. In the CIP case (Art. B.3.А - Incoterms® 2010) the buyer has obligation neither to arrange nor to pay the contract on carriage. The "no obligation" term has the same understanding for the buyer in the case of insurance. However, the "no obligation" term being applied to the buyer does not mean that the task performance is out of the buyer’s interests (Articles A.3.B and B.3.B in Incoterms® 2010). So, for the case of the CIP rule, despite the fact that the buyer has not responsibility to the seller for the contract on carriage and insurance contract, it is clear, that the buyer has an interest to have such contracts that will deliver the goods to the buyer’s place of destination safely (insured in the most suitable manner) and in the time stipulated.
-  The insurance shall be contracted with underwriters or an insurance company of good repute and entitle the buyer, or any other person having an insurable interest in the goods, to claim directly from the insurer.
-  An evidence of insurance or certificate of insurance is a document issued by or on behalf of an insurance company to a third party who has not contracted with the insurer to purchase an insurance policy. The most common type of certificate is that provided for informational purposes to advise a third party of the existence and amount of insurance issued to the named insured .
-  For the CIP rule, the buyer must provide the seller (upon request), with any information necessary for the seller to procure any additional insurance  as request by the buyer and the seller must provide the buyer with the insurance policy or other evidence of insurance cover, as well as any information that the buyer needs to procure any additional insurance. The seller is required to obtain cargo insurance complying at least with the minimum cover provided by Coverage C of the Institute Marine Cargo Clauses . However, this is the minimum level of insurance and covers only major casualties, such as total loss of cargo. The buyer also has the option of requiring that the seller provides, at the buyer's expense and where procurable, any additional cover, for example, cover provided by Institute Marine Cargo Clauses. Coverage A of the Institute Marine Cargo Clauses  or Coverage B of the Institute Marine Cargo Clauses  or any similar clauses and/or cover complying with the Institute War Clauses and/or Institute Strikes Clauses ) / (Air Cargo ) or any similar set of clauses. This acts as a sort insurance "bolt-on", but the buyer will be required to pay more for this. If the buyer wishes for the seller to arrange for this "bolt-on" insurance, it is recommended that this is included in the sale contract.
-  Original document, original of document, or, simply, original means in the context of international trade are presented by a signed (executed) and, usually, stamped official document which may be reproduced as facsimiles. An original document can exist as two or more 'copies,' each one of them marked 'original' and having equal legal force.  One overview of the current status of electronic public procurement i nEurope  states that the use of original certificates is rare,and electronic certificates are equally uncommon. All correspondents indicate that original certificates are rarely required, and that copies are usually sufficient. It follows that, in an electronic context, unsigned scans would also be permissible. Indeed, in EU, 9 out of 32 countries (28%) explicitly indicate that unsigned scans or unsigned PDF files would also be permissible in most procurements. When electronic certificates are used, unsigned copies or unsigned originals are usually permitted, which substantially reduces crossborder interoperability difficulties. The recognition of e-documents in an international business (logistics) is based on the same pillars as e-commerce does. Namely, in the European Union, as is the case for the e-Commerce Directive , the Model Law  also embraces the concept of functional equivalence. I.e., traditional paper-based concepts such as "writing" (Article 6), "signature" (Article 7) and "original" (Article 8) are redefined in a way that allows electronic versions of these concepts to have the same legal value, provided that these can serve the same basic purposes and offer the same guarantees as in their traditional form. Therefore, EDI option is acceptable to produce e-documents in international/domestic transactions (sales contracts).
-  Delivery document term used as the heading to article A8 (Incoterms® 2010) means a document used to prove that delivery has occurred. For many of the rules of Incoterms® 2010, the delivery document is a transport document or corresponding electronic record. Nevertheless , with EXW, FCA, FAS and FOB rules, the delivery document may simply be a receipt. A delivery document may also have other functions, for example as part of the mechanism for payment declaration: refers to comply with customs regulations and have met some of the requirements, including the notes, Enron, information or physical inspection of the obligation. Such requirements are particularly common in construction contracts with large contractors, government entities, and major corporations.
-  While the seller is responsible for insurance coverage during the main voyage, the buyer may have additional "insurable interest" and prudence may dictate purchase of additional coverage .
-  The examples given hereto are to illustrate purposes concerning the syntax of Incoterms® 2010 rules and could conform with any real data occasionally only.
- ↑ Incoterms® 2010: ICC rules for the use of domestic and international trade terms – ICC Publication No 715E
- ↑ Windt, A.D. Insurance Claims and Disputes: Representation of Insurance Companies and Insureds, 5th ed., Clark Boardman Callaghan, 2009
- ↑ INCOTERMS 2010 – What you need to know (Part 2) | http://www.reedsmith.com/publications/search_publications.cfm?widCall1=customWidgets.content_view_1&cit_id=29497
- ↑ INSTITUTE CARGO CLAUSES (C), 2009 | http://www.coast-uw.com/cargo/clauses/download/ICC(C).pdf
- ↑ INSTITUTE CARGO CLAUSES (A), 2009 | http://www.coast-uw.com/cargo/clauses/download/ICC(A).pdf
- ↑ INSTITUTE CARGO CLAUSES (B), 2009 | http://www.coast-uw.com/cargo/clauses/download/ICC(B).pdf
- ↑ INSTITUTE STRIKES CLAUSES (CARGO), 2009 | http://www.coast-uw.com/cargo/clauses/download/Strikes(Cargo).pdf
- ↑ INSTITUTE STRIKES CLAUSES (AIR CARGO), 2009 | http://www.coast-uw.com/cargo/clauses/download/Strikes(Air).pdf
- ↑ http://www.businessdictionary.com/definition/original.html
- ↑ Preliminary Study on the electronic provision of certificates and attestations usually required in public procurement procedure / European Commission Internal Market and Services DG, Brussels, 2008 – p.33. | http://ec.europa.eu/internal_market/publicprocurement/docs/eprocurement/ecertificates-study_en.pdf
- ↑ E-Commerce Directive | http://ec.europa.eu/internal_market/e-commerce/directive_en.htm
- ↑ UNCITRAL Model Law on Electronic Commerce Guide to Enactment 1996 with additional article 5 as adopted in 1998 | http://www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf
- ↑ Financial terminology | http://financialterminology.info/2011/06/incoterms-2010-international-edition-b/
- ↑ CIP : Carriage and Insurance Paid To | http://www.agilitylogistics.com.au/CIP.aspx?