EXW-Ex Works

"Ex works" means that the seller fulfils his obligation to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc) to the buyer. In particular, he is not responsible for loading the goods on the vehicle provided by the buyer or for clearing the goods for export, unless otherwise agreed. The buyer bears all costs and risks involved in taking the goods from the seller's premises to the desired destination. This term thus represents the minimum obligation for the seller. 

This term should not be used when the buyer cannot carry out directly or indirectly the export formalities. In such circumstances, the FCA term should be used. 

A. The seller must 

A.1. Provision of goods in conformity with the contract

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. 

A.2. Licences, authorisations and formalities 

Render the buyer, at the latter's request, risk and expense, every assistance in obtaining any export licence or other official authorisation necessary for the exportation of the goods. 

A.3. Contract of carriage and insurance 

a) Contract of carriage

No obligation. 

b) Contract of insurance 

No obligation. 

A.4. Delivery 

Place the goods at the disposal of the buyer at the named place of delivery on the date or within the period stipulated or, if no such place or time is stipulated, at the usual place and time for delivery of such goods. 

A.5. Transfer of risks 

Subject to the provisions of B.5., bear all risks of loss of or damage to the goods until such time as they have been placed at the disposal of the buyer in accordance with A.4. 

A.6. Division of Costs 

Subject to the provisions of B.6., pay all costs relating to the goods until such time as they have been placed at the disposal of the buyer in accordance with A.4. 

A.7. Notice to the buyer 

Give the buyer sufficient notice as to when and where the goods will be placed at his disposal. 

A.8. Proof of delivery, transport document or equivalent electronic message 

No obligation 

A.9. Checking- packaging- marking 

Pay the costs of those checking operations ( such as checking quality, measuring, weighing, counting) which are necessary for the purpose of placing the goods at the disposal of the buyer. 

Provide at his own expense packaging (unless it is usual for the particular trade to make the goods of the contract description available unpacked) which is required for the transport of the goods, to the extent that the circumstances relating to the transport (e.g. modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately. 

A.10. Other obligations

Render the buyer at the latter's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of delivery and/or of origin which the buyer may require for the exportation and/or importation of the goods and, where necessary, for their transit through another country. 

Provide the buyer, upon request, with the necessary information for procuring insurance. 

B. The buyer must 

B.1. Payment of the price 

Pay the price as provided in the contract of sale. 

B.2. Licences, authorisation and formalities 

Obtain at his own risk and expense any export and import licence or other official authorisation and carry out all customs formalities for the exportation and importation of the goods and, where necessary, for the transit through another country. 

B.3. Contract of carriage 

No obligation 

B.4. Taking delivery 

Take delivery of the goods as soon as they have been placed at his disposal in accordance with A.4. 

B.5. Transfer of risks 

Bear all risks of loss of or damage to the goods from the time they have been placed at his disposal in accordance with A.4., provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods. 

Should he fail to give notice in accordance with B.7., bear all risks of loss of or damage to the goods from the agreed date or the expiry date of any period fixed for taking delivery. 

B.6. Division of costs

Pay all costs relating to the goods from the time they have been placed at his disposal in accordance with A.4., provided, however. that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods. Pay any additional costs incurred by failing either to take delivery of the goods when they have been placed at his disposal, or to give appropriate notice in accordance with B.7. 

Pay all duties, taxes and other official charges as well as the costs of carrying out customs formalities payable upon exportation and importation of the goods and, where necessary, for their transit through another country. 

Reimburse all costs and charges incurred by the seller in rendering assistance in accordance with A.2. 

B.7. Notice to the seller 

Whenever he is entitled to determine the time within a stipulated period and/or the place of taking delivery, give the seller sufficient notice thereof. 

B.8. Proof of delivery, transport document or equivalent electronic message 

Provide the seller with appropriate evidence of having taken delivery. 

B.9. Inspection of goods 

Pay, unless otherwise agreed, the costs of pre-shipment inspection (including inspection mandated by the authorities of the country of exportation). 

B.10. Other obligations 

Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10. and reimburse those incurred by the seller in rendering his assistance in accordance therewith.