Three letters decide who pays: why almost nobody understands Incoterms

The exact line where the quay ends and the ship's hull begins, a mooring rope running taut across it.

A trader in Lagos once showed me a quotation from a supplier in China. Near the bottom it said:

CIF Lagos: USD 18,500

He had budgeted eighteen thousand five hundred dollars. He told his customer the goods would be in his warehouse in six weeks at that price. He was, by his own later estimate, wrong by about half.

He was not careless. He was not new. He had been importing for four years. He simply believed that three letters meant something they do not mean, and nobody had ever told him otherwise.

This happens every day, on every continent, to buyers, to sellers, and to a surprising number of freight forwarders. So here is the whole thing in plain words.

What those three letters actually are

They are called Incoterms, short for International Commercial Terms. They are a set of eleven three-letter codes published by the International Chamber of Commerce, a body in Paris, and the current version is called Incoterms 2020.

They exist to solve one very old problem. A seller in one country and a buyer in another speak different languages, use different laws, and have never met. Somebody has to pay for the transport, somebody carries the risk if the goods are damaged on the way, and somebody has to deal with customs on both ends. Arguing about that in a contract every single time would be exhausting.

So the world agreed on a shorthand. Pick one code, name a place, and both sides instantly know who does what.

An Incoterm answers three questions and only three.

1. Who pays for which part of the transport?

2. At what exact point does the risk pass from seller to buyer?

3. Who handles the customs formalities at each end?

That is the whole job. Everything else people believe about them is imported from somewhere else.

What an Incoterm is not

This list is short and it clears up most of the confusion.

It is not a price. "CIF" tells you what is included. It does not tell you the number is fair.

It is not a payment term. When you pay, and how, belongs in the sales contract. An Incoterm has nothing to say about it.

It is not a delivery date. Nothing in the code promises when.

It is not proof of ownership. This surprises people. Incoterms deliberately say nothing about when the goods legally become yours. That is in your sales contract, and in some countries it depends on payment rather than on delivery.

It is not an insurance policy, except in two of the eleven, and even then the cover is narrower than most buyers assume.

The single idea that unlocks all of it

If you remember nothing else, remember this.

Cost and risk are two separate lines, and they do not always stop at the same place.

Most people assume that whoever is paying for the transport is also carrying the risk while it moves. It feels obvious. It is wrong for four of the eleven terms, and those four happen to be among the most used in the world.

Under CFR and CIF, the seller pays the shipping all the way to the destination port. But the risk passes to the buyer the moment the goods are loaded onto the vessel at the origin.

Read that again, because it is the most expensive sentence in international trade. The seller is paying for a journey that the buyer is already carrying the risk on. If the ship has a problem in the middle of the ocean, the cargo is the buyer's loss, even though the buyer has not paid a freight bill and the goods are nowhere near him.

Once you can see that cost and risk are two separate lines, most Incoterm arguments stop being confusing and start being obvious.

The seven mistakes I see most

One: reading "CIF Lagos" as "delivered to my warehouse in Lagos".

This is the trader at the top of this essay. CIF ends at the port. Not your city, not your street, the port.

What is still to come after the CIF price: the shipping line's local charges at destination, the terminal handling, customs duty and every levy, VAT, the clearing agent's fee, and haulage from the port to your address. On many shipments that adds up to more than the freight itself.

The word "Lagos" in "CIF Lagos" is the name of a port. It is not the name of your warehouse.

Two: using FOB for containers.

FOB means Free On Board, and the "board" is a ship. Risk passes when the goods are on board the vessel.

Now think about what actually happens with a container. Your supplier packs it, a truck takes it to a container terminal, and it is handed over there. Then it sits in the yard for three or four days before it is ever lifted onto a ship.

So who carries the risk during those days in the yard? Under FOB, technically, still the seller, because the goods are not on board yet. But the seller no longer has the container, cannot see it, and cannot do anything about it. That is a gap nobody wants.

The correct code for handing goods over at a terminal is FCA, Free Carrier, where risk passes at the handover. The chamber that publishes these rules has said so plainly for years. The world uses FOB anyway, out of habit, and most of the time nothing goes wrong. When something does go wrong in that gap, the argument is genuinely hard to settle.

Three: a foreign buyer accepting EXW.

EXW, Ex Works, means the seller does nothing except make the goods available at their own factory. Everything else is the buyer's, and that includes export clearance in the seller's own country.

Here is the problem. In many countries a foreign company cannot legally file an export declaration. It has no local registration and no standing to do it. So the buyer has agreed to do something he cannot legally do, and the deal quietly depends on the seller helping anyway.

EXW looks like the cheapest line on a price list. It is the term that hides the most.

Four: a seller promising DDP without being able to deliver it.

DDP, Delivered Duty Paid, is the heaviest term for a seller. Every cost to the buyer's door, including import duty and taxes in the buyer's country.

To pay import duty in a country you usually need to be registered there for tax, or to be the importer of record, and a foreign seller frequently is neither. Sellers agree to DDP because it wins the order, then discover they cannot actually clear the goods in their own name.

There is a second trap. Under DDP the seller has priced the duty. If customs classifies the goods under a different code, or values them higher than the invoice, that whole increase lands on the seller, who cannot go back and re-price a deal already won.

Five: writing the code without a place.

"FCA" on its own means nothing. Neither does "DAP" or "CIF". Every one of these codes is meant to be written as the code plus a named place, and the place is where the responsibility actually changes hands.

"FCA" tells me nothing. "FCA seller's factory, Guangzhou" and "FCA Guangzhou airport" are two different deals with two different prices, because in the second one the seller pays the trucking.

The place is not decoration. It is half the term.

Six: assuming CIF means the cargo is properly insured.

CIF does include insurance, and buyers relax when they see it. The cover required is the minimum level, which is far narrower than most people picture. It covers major named events. It is not the wide "all risks" style cover that most buyers assume they are getting.

If the cargo matters, either specify the level of cover you want in the contract or arrange your own. The related code CIP requires the wider cover, which is one of the few places where paying attention to a single letter changes what you actually own.

Seven: thinking the Incoterm decides who owns the goods.

It does not, at all. Ownership is a matter for your sales contract and your national law. You can be carrying all the risk on goods you do not yet legally own. That is normal, and it is exactly why buyers should insure cargo they have not yet paid for.

Why suppliers get it wrong too

It is tempting to think the seller always knows and the buyer is the one being naive. In my experience that is not what happens.

Most suppliers quote the term their previous customer used. Somebody at some point typed "CIF" into a template and it has been there ever since. The person writing the quotation is often in a sales role, is not a logistics specialist, and has never had anyone challenge it.

I have seen quotations that used one term in the heading and a different one in the body. I have seen "FOB" on an air shipment, which is not possible. I have seen "CIF" on a delivery by road, which is also not possible. None of it was dishonest. It was template carryover, the same thing that goes wrong in freight quotations everywhere.

Which means the buyer who asks one clear question is often the person who fixes it.

The two-minute habit that prevents all of this

Before you accept any international quotation, ask three questions in writing.

"Where exactly does your price stop?" Not the country. The exact point. A factory gate, an airport, a port, or my address.

"After that point, what am I still going to be billed for, and roughly how much?" A supplier who cannot answer this is telling you something useful.

"Who is carrying the risk while the goods are moving, and is there insurance? At what level of cover?"

Three questions, one email, usually one day of waiting. Compare that to discovering the answers over ten weeks while a container sits at a port collecting daily charges.

The one habit for the people quoting

If you write quotations for a living, write the term and what it means in words, on the same page. Something like:

Term: CIF Apapa. Our price covers the goods, the ocean freight and basic marine insurance to Apapa port. It does not cover import duty, taxes, terminal charges, clearing or delivery, which are payable by you.

That is three lines. It costs you nothing. It removes the single most common dispute in the trade, and clients notice when somebody explains rather than assumes.

Where to check any of this

I built a Quotation Builder on this site that lists every trade term in plain English, tells you who pays what under each one, and warns you when the term you picked contradicts how you have priced the duty. It is free and it needs no sign-up.

Two more essays follow this one. One on the terms that work for air freight, and one on the terms for sea freight, because the traps are different and the sea one contains the most expensive habit in world trade.

The short version

Three letters decide who pays for what, where the risk changes hands, and who talks to customs. They do not decide the price, the date, the ownership, or whether you are properly insured.

Most of the money lost to these codes is not lost to a clever trick. It is lost because two people read the same three letters and pictured two different things, and neither one asked.