Francisco Romero

+5281-8336-4020

fromero@rrqb.mx

 

Marcela Alfaro

+5247-2748-9279

malfaro@rrqb.mx

Malas Prácticas en el uso de los “INCOTERMS”

Los INCOTERMS son un conjunto de reglas emitidas por la Cámara de Comercio Internacional (ICC) que se utilizan en los contratos de compraventa internacionales para fijar la responsabilidad de las partes con relación a diversos temas, en particular la transmisión del dominio y la entrega de mercancías.

 

Los INCOTERMS comúnmente los revisa la ICC cada diez años y los adecua para adaptarlos a los cambios que va experimentando el comercio internacional. Por ejemplo, los INCOTERMS 2010 -que son las reglas que debemos utilizar en la actualidad- sufrieron cambios significativos puesto que se redujo de 13 INCOTERMS a 11 INCOTERMS y, dentro de estos once, dos son absolutamente nuevos, el INCOTERM DAT y el INCOTERM DAP.

 

Es una práctica común que las partes utilizan el INCOTERM FOB para cualquier clase de venta de mercancía, sin que en realidad los acuerdos del contrato de compraventa coincidan con los de un FOB. Por ejemplo, en muchas ocasiones las partes pactan un FOB en la planta del comprador, lo que no puede ser porque en dicho INCOTERM la entrega siempre debe hacerse en la planta del vendedor.

 

Otra práctica desafortunada es que las partes nunca incluyen el año de los INCOTERMS que regularán su relación, siendo que es importante incluir también este dato. Un ejemplo de redacción adecuada sería: “el vendedor entregará al comprador los productos FOB INCOTERMS 2010 en su planta ubicada en la Ciudad de México”.

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