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A1 tells us the seller must provide the goods in conformity with the contract. But how are contracts typically written? The goods could be described as “48 x 300 litre refrigerators model ABC123” or “20MT barley in 20kg polybags”. Did you notice the difference?

A8 tells us that the seller must at its own expense package the goods for shipment. In the first example above the packaging would seem to be additional to the described goods even if it is included in the price of the goods, but in the second example, the packaging is already described as part of the goods.

A2 then instructs, in various ways depending on the rule chosen, that the seller must deliver the goods. Does that mean in our first example the seller does not deliver the goods with their packaging?

In FCA the seller must hand the goods to the buyer or its forwarder, does that include the packaging not mentioned as in the first example?

Of course, logically it should even if the rule is not specific on this.

What about in DPU where the seller must unload the goods?

In our first example would that mean that not only would the seller need to unload the packaged goods from the container or truck, but also remove the goods from their packaging?

What is the solution?

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