GlossaryEN1 min readUpdated: Jun 13, 2026

Incoterms Liability for Delivery Delay

Liability for delayed delivery is primarily determined by the risk allocation established by an Incoterm.

Last updated: 13 June 2026Published: 27 January 2026

Source: https://iccwbo.org/resources-for-business/incoterms/

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Liability for delayed delivery is primarily determined by the risk allocation established by an Incoterm. The party bearing risk is typically liable for delays or damage occurring during its responsibility phase. Under DAP (Delivered at Place), the seller bears risk until the named destination; only then does it pass to the buyer. A delay during that period is the seller's liability. After risk transfer, the buyer assumes the economic risk and must then pursue claims against insurers or carriers, not the seller. Specific remedies and compensation are governed by applicable sales law (CISG, BGB, Code civil, etc.) and the purchase agreement.

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Incoterms Liability for Delivery Delay

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Related Terms

Delivery delay under Incoterms

CPT transport delay

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Ex Works (EXW) risk transfer

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