Incoterms

Incoterms 2010

The prior edition of Incoterms, effective 2011-2019, still validly referenced in many existing contracts.

Incoterms 2010 is the eighth edition of the International Chamber of Commerce's Incoterms rules, effective January 1, 2011. It was superseded by Incoterms 2020 on January 1, 2020, but contracts may still validly reference Incoterms 2010 — older Incoterms editions remain in force for the contracts that incorporate them.

Incoterms 2010 introduced two new rules that replaced four rules from Incoterms 2000:

  • DAT (Delivered at Terminal) — replaced DAF, DES, and DEQ. Renamed to DPU in 2020.
  • DAP (Delivered at Place) — replaced DDU

The full set of 11 Incoterms 2010 rules:

Key differences from Incoterms 2020:

  • DAT vs DPU — Functionally similar (both involve seller-arranged unloading at destination), but DPU is broader because the delivery place need not be a "terminal"
  • CIP insurance — Incoterms 2010 CIP requires only Institute Cargo Clauses (C); Incoterms 2020 requires Clauses (A). Buyers under 2010 CIP often need to purchase additional cover.
  • FOB, CFR, CIF risk transfer — In Incoterms 2010, risk transfers when goods are "on board the vessel" (a change from Incoterms 2000's "ship's rail"). This unchanged through 2020.

When working with legacy contracts, confirm which edition applies before advising on cost, risk, or insurance obligations — the differences can materially shift exposure.

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