"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