HOW DO EXW, FOB, CIF AND DDP DIFFER?
EXW, FOB, CIF and DDP are often placed on a simple spectrum of how little or how much the seller does. That is not enough for a safe sales contract. The decisive questions are the place of delivery, the point of risk transfer, who pays each logistics cost, who performs export and import clearance, and whether insurance is required. CIF is the classic trap: the seller pays freight and insurance to the destination port, yet risk passes when the goods are on board the vessel at the port of shipment. This guide compares the four Incoterms® 2020 rules and provides an operational matrix for separating paid costs from retained risk.
QUICK FACTS
Delivery at seller’s premises
The buyer assumes most transport, risk and formalities from the point the goods are placed at its disposal.
Risk passes on board
The seller clears export; the buyer arranges the main sea carriage. Maritime and inland-waterway use only.
Seller pays freight and insurance
Costs run to the destination port, while risk passes at origin once the goods are on board.
Maximum seller obligation
The seller bears transport, risk, import clearance and duties to the named destination; the buyer bears unloading risk, while unloading cost depends on the carriage contract.
SCOPE
This article applies where the sales contract expressly incorporates Incoterms® 2020. EXW and DDP may be used with any mode; FOB and CIF are restricted to sea or inland-waterway transport. The article does not replace country-specific customs, tax, licensing, foreign-exchange or import-regulatory review.
KEY TERMS
| Term | Meaning | Operational role |
|---|---|---|
| Delivery | The point at which the seller completes delivery under the selected rule. | Main reference for risk transfer; it may differ from the quoted destination. |
| Risk transfer | The moment loss or damage risk passes to the buyer. | Determines who bears cargo loss even where the other party pays freight. |
| Named place/port | The location stated after the three-letter rule. | Must be precise enough to identify warehouse, terminal or port boundaries. |
| Export clearance | Export declaration, licences and departure-country formalities. | Normally on the buyer under EXW and on the seller under FOB, CIF and DDP. |
| Import clearance | Import declaration, licences, duties and destination-country formalities. | On the seller under DDP; normally on the buyer under the other three rules. |
| Contract of carriage | The transport contract with a carrier or forwarder. | Identifies who books, pays and controls the main carriage. |
HOW RESPONSIBILITY IS ALLOCATED
Each rule must be read through four separate layers:
- Delivery point: where the seller completes delivery.
- Risk: where loss or damage risk changes hands.
- Cost: who contracts and pays transport, insurance, handling and taxes.
- Formalities: who handles export, import, licensing and data submission.
Paying freight does not automatically mean retaining risk. Under CIF, the seller pays carriage and insurance to the destination port while risk transfers at the port of shipment.
RULE-BY-RULE ANALYSIS
EXW – EX WORKS
The seller places the goods at the buyer’s disposal at the named premises or place, not loaded on the collecting vehicle. The buyer carries most costs and risks, including pickup, inland transport, export formalities, main carriage and import clearance.
Control point: a foreign buyer may be unable to act as exporter in the seller’s country. Where the seller actually loads the goods or clears export, FCA at the seller’s premises is often more workable.
FOB – FREE ON BOARD
The seller delivers when the goods are on board the vessel nominated by the buyer at the named port of shipment. The seller bears cost and risk up to that point and clears export. The buyer arranges the main sea carriage and import formalities.
Control point: FOB is for sea or inland-waterway transport only. For container cargo delivered to a terminal before loading, ICC guidance commonly points to FCA as the better fit.
CIF – COST, INSURANCE AND FREIGHT
The seller delivers and transfers risk when the goods are on board at origin, but contracts and pays freight to the destination port and procures cargo insurance for the buyer’s risk at the minimum CIF level unless broader cover is agreed.
Control point: the destination port is a cost destination, not the risk-transfer point. Destination unloading, THC, D/O, storage and other local charges depend on the carriage contract and commercial agreement.
DDP – DELIVERED DUTY PAID
The seller bears cost and risk to the named destination, completes export, transit and import formalities, and pays import duties, taxes and official import-related charges under applicable law. Delivery occurs on the arriving vehicle, ready for the buyer to unload. Unloading risk lies with the buyer; the seller pays unloading cost only where it is included in the seller’s carriage contract, otherwise the buyer pays it.
Control point: The seller must be legally able to act as importer, obtain licences, pay taxes and manage VAT. Where local rules require a resident importer or special registration, DAP may be more workable.
COMPARISON TABLE
| Criterion | EXW | FOB | CIF | DDP |
|---|---|---|---|---|
| Modes | Any mode | Sea/inland waterway | Sea/inland waterway | Any mode |
| Delivery | Seller’s premises/place, not loaded | On board at shipment port | On board at shipment port | Named destination, on arriving vehicle, ready for unloading |
| Risk transfer | At EXW delivery point | On board | On board, not at destination | At named destination |
| Main carriage | Buyer | Buyer | Seller pays | Seller |
| Export | Buyer | Seller | Seller | Seller |
| Import and duties | Buyer | Buyer | Buyer | Seller |
| Mandatory insurance | No | No | Yes, minimum cover unless otherwise agreed | No |
| Destination unloading | Buyer | Buyer | Risk on buyer; cost depends on carriage contract | Risk on buyer; seller pays if included in carriage contract, otherwise buyer pays |
COST AND DOCUMENT CONTROL MATRIX
| Item | What to state in the contract/RFQ | Risk if omitted |
|---|---|---|
| Named place/port | Full warehouse, terminal or port plus “Incoterms® 2020”. | Unclear delivery point, risk and freight scope. |
| Origin loading | Who loads, bears damage and pays vehicle waiting. | Frequent EXW dispute. |
| Terminal/local charges | THC, CFS, D/O, handling, lifts and documentation. | FOB/CIF incorrectly treated as all-inclusive. |
| Insurance | ICC(A/B/C), insured value, currency, beneficiary and exclusions. | CIF defaults to minimum cover under Institute Cargo Clauses (C) or similar cover and may be inadequate for high-value, fragile or higher-risk cargo. |
| Customs roles | Importer/exporter of record, broker, licences, HS, origin and value data. | EXW or DDP may be legally unworkable. |
| Taxes and VAT | Duties, VAT/GST, trade-remedy duties and recoverability. | DDP price gap or trapped VAT. |
| Demurrage/Detention/Storage | Cause, control, free time and allocation. | Unallocated post-arrival cost. |
| Delivery documents | B/L, Sea Waybill, C/O, insurance certificate, POD and deadlines. | Release, preference or payment delay. |
HOW TO SELECT THE RIGHT RULE
Use FCA rather than FOB where container cargo is handed to a terminal before loading; CIF remains maritime-only.
Avoid EXW where the buyer cannot export and DDP where the seller cannot import.
The party with carrier contracts, volume leverage and disruption capability may be better placed to control main carriage.
Define risk transfer, cover level and claim owner.
Include freight, insurance, local charges, tax, compliance cost, finance cost and delay risk.
Example: “FOB Hai Phong Port, Vietnam – Incoterms® 2020”.
COMMON RISKS AND ERRORS
- Three letters without a named place: delivery and cost boundaries remain unclear.
- Treating CIF as destination risk: confuses freight destination with risk transfer.
- Using FOB for containers: seller loses control before the FOB delivery point.
- Using EXW where the buyer cannot export: actual operations contradict the contract.
- Using DDP as a marketing “all-in” label: ignores importer status, tax and licensing.
- Assuming CIF is all-risk insurance: default CIF cover is limited.
- Leaving local charges undefined: creates THC, D/O, storage and inspection disputes.
- Using Incoterms as the whole contract: leaves payment, title, quality and remedies uncovered.
SOURCES
| Source | Reference | Operational use |
|---|---|---|
| ICC – Incoterms® 2020 | Official overview of the 11 rules, cost presentation and insurance levels; full obligations are contained in ICC Publication No. 723E. | Primary source hierarchy for obligations, costs, risk and interpretation. |
| ICC Academy – FCA or FOB | FOB/FCA differences and container guidance. | Align contractual delivery with terminal handover. |
| ICC Academy – CIP or CIF | Maritime scope and CIF insurance level. | Avoid assuming comprehensive cover. |
| ICC Academy – EXW or DDP | Lowest and highest seller obligations. | Test customs capability before selection. |
| ICC Academy – DAP or DDP | Import-clearance distinction. | Consider DAP when DDP is legally impractical. |
| ICC – Checklist & Flowcharts 2024 update | Decision tool covering mode, delivery, customs capacity and risk appetite. | Quick check for FCA with containers, FOB for direct onboard delivery and the caution that EXW is primarily suited to domestic trade. |
FAQ
1. Which rule gives the seller the lowest obligation?
EXW, but it may be unsuitable where the foreign buyer cannot complete export clearance.
2. Do FOB and CIF transfer risk at different points?
Generally no: both transfer risk once the goods are on board at the shipment port. CIF additionally requires the seller to pay freight and insurance to destination.
3. Does CIF include all destination charges?
Not automatically. Unloading and local charges depend on the carriage contract and quotation scope.
4. Must the seller unload under DDP?
No. Delivery is normally on the arriving vehicle, ready for unloading by the buyer.
5. Should FOB be used for container cargo?
FCA is often more appropriate because the container is handed to the carrier at a terminal before vessel loading.
6. Do Incoterms determine title transfer?
No. Title must be governed by the sales contract and applicable law.
7. Which rule is best for the buyer?
There is no universally best rule. Compare landed cost, freight control, customs capability, insurance, cash flow and transparency.
Tiếng Việt
中文 (中国)
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