DAP Incoterms 2020: Delivered at Place Explained · Контракт.Онлайн
Incoterms 2020 · group D — arrival

DAP — Delivered at Place: delivery terms under Incoterms 2020

The seller carries the goods to the place of destination at its own cost and risk. The buyer unloads the goods and clears import customs. DAP is already selected in the generator

What you are drafting
Import of goods on DAPExport of goods on DAP DOCX
КОНТРАКТCONTRACTMoscow
1. Предмет Контракта 2. Стоимость Контракта 3. Условия поставки 4. Условия оплаты 5. Гарантии и качество 6. Ответственность сторон 7. Арбитраж
1. Subject of the Contract 2. Cost of Contract 3. Terms of the Delivery 4. Terms of the Payment 5. Guarantee and Quality 6. Liability of the Parties 7. Arbitration
ПРОДАВЕЦ / THE SELLERПОКУПАТЕЛЬ / THE BUYER
ПРИЛОЖЕНИЕ № 1 к КОНТРАКТУANNEX No. 1 to CONTRACTСПЕЦИФИКАЦИЯ · SPECIFICATION
На поставку Товаров, на общую сумму
# Описание / Description ТН ВЭД / HS CODE Ед. изм. / Unit of meas. Кол-во / Q-ty Цена / Price Сумма / Total 1 2
Прочие условия / Other terms Гарантия / Warranty Документация / Documentation Условия поставки / Delivery terms Порядок оплаты / Terms of payment Период оказания услуг / Period of provision of services Срок возврата оплаты / Period of refund of payment
ПРОДАВЕЦ / THE SELLERПОКУПАТЕЛЬ / THE BUYER
Ready in 15 minutes · DOCX · 2 990 ₽
Fill in: Import of goods Fill in: Export of goods
D
group of terms
Any
mode of transport
Seller
export clearance
Seller
pays for carriage
Buyer
import duties

What the draft already fills

Parties, documents and specifics for every deal scheme

Import of goods on DAP

PartiesBuyer — Russia, seller — foreign company
Delivery termDAP + place of destination
DocumentsInvoice, packing list, declaration, waybill
SpecificsHS code · Supplier's SWIFT details

Export of goods on DAP

PartiesSeller — Russia, buyer — foreign company
Delivery termDAP + place of destination
DocumentsInvoice, packing list, declaration, waybill
SpecificsAdvance refund if delivery fails · HS code in the specification

How to write DAP into the contract

The DAP term is passed into the form from this page

1
1. Deal type

Import or export of goods. Parties, goods with HS codes and prices go into the same form; the Russian party's details are filled in from its INN (taxpayer number).

2
2. DAP and place

DAP is already selected. Enter the place of destination: the address where risk passes to the buyer. The delivery terms in the specification will be built for DAP.

3
3. Preview and DOCX

You see the whole document before paying: the English and Russian columns, the specification, the delivery term. After payment you get the DOCX.

A contract on DAP terms

An Incoterms rule applies to the delivery of goods — import or export

Who does what under DAP

Risk passes when the goods on the arriving transport are ready for unloading at the place of destination

Obligation
Seller
Buyer
Loading at the place of dispatch
Yes
—
Export customs clearance
Yes
—
Main carriage
Yes
—
Cargo insurance
Optional: risk in transit lies with the seller
—
Unloading at the destination
—
Yes
Import clearance, duties and taxes
—
Yes

DAP in a contract: what to specify

A delivery term without an exact place and without the conditions around it does not work well

✓Code and edition: “DAP [place], Incoterms® 2020” — without the year it is unclear which rules apply
✓Precise place of destination: the address where risk passes to the buyer
✓Mode of transport: any
✓Deadline for notice that the goods are ready for shipment
✓Transfer of title — Incoterms does not govern it; the contract ties it to the moment of delivery
✓Insurance: Incoterms does not require it; decide between yourselves who insures
✓Payment terms and the deadline for refunding the advance if there is no delivery
✓Documents the seller hands over: invoice, packing list, transport document

Questions about the DAP term

Meaning, risk, costs, title

DAP stands for Delivered at Place. The seller carries the goods to the place of destination at its own cost and risk. The buyer unloads the goods and clears import customs.
Unloading. Under DAP the goods are delivered on the arriving transport, ready for unloading — the buyer unloads. Under DPU the seller unloads the goods at the destination itself, and risk passes only after unloading.
The buyer: import customs clearance, duties and taxes on importation are its obligation under DAP. If the seller is to take them on, the rule is DDP.
Incoterms does not govern the transfer of title — the rules deal only with delivery, risk and costs. The moment title passes is set by the contract or the applicable law; under Russian law (Article 223 of the Russian Civil Code), ownership arises from the moment the thing is handed over, unless the contract provides otherwise. In our contract title passes together with risk — at the moment of delivery under DAP.
The rule code, the precise place of destination and the edition of the rules, for example: DAP Moscow, 12 Warehouse Street, Incoterms® 2020. Under paragraph 6 of Article 1211 of the Russian Civil Code, if the contract uses a trade term accepted in international commerce, the parties are deemed to have agreed on the customs that the term denotes — so it is better to name the edition expressly.

A contract on DAP terms — 2 990 ₽

The preview of the whole document is free: you see both columns in full and pay only if it suits you. No subscription, no registration.

✓ DOCX · Word / LibreOffice
✓ Bilingual EN/RU
✓ 173-FZ · CISG · Incoterms 2020
2 990 ₽
per document
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DAP Incoterms 2020 — delivery terms

DAP in plain words

DAP fits when the seller delivers the goods to the buyer's warehouse or another place of destination and bears the risk in transit, while the buyer clears import customs in its own country.

How DAP is written in our contract

The delivery term is set out in Annex No. 1 (Specification) in English and Russian. The English column for this term:
DAP [place]
Delivery and transfer of risk: The Seller has fulfilled its delivery obligation when it places the Goods at the Buyer's disposal on the arriving means of transport, ready for unloading, at the named place of destination ([place]). The risk of loss of or damage to the Goods and the title to the Goods pass from the Seller to the Buyer at that moment.
Costs: The Seller bears the costs of carriage to the named place of destination ([place]) and export formalities. The Buyer bears unloading, import clearance, duties and taxes.
Customs clearance: export clearance is the Seller's obligation; import clearance, duties and taxes are the Buyer's.

DAP and customs value on import

Under DAP the seller pays for carriage and includes it in the price of the goods. If the place of destination is inside Russia, part of these costs falls on the leg across the territory of the Eurasian Economic Union. Under paragraph 2 of Article 40 of the EAEU Customs Code, such costs are not included in the customs value — provided that they are separated from the price, declared by the declarant and supported by documents. It is therefore better to show the cost of delivery beyond the border as a separate amount in the supplier's documents.

All terms: Incoterms 2020 · EXW · FCA · FAS · FOB · CPT · CIP · CFR · CIF · DPU · DDP. See also: import contract, export contract.