Small wind / Buyer questions
Purchasing and delivery
Does an Incoterms rule decide when I own the wind turbine?
The short answer
No. ICC states that Incoterms rules do not determine transfer of ownership of the goods. They address defined delivery obligations, risks and costs when incorporated into a sale contract. Ownership, payment and other commercial provisions need their own treatment in the actual agreement. Do not assume that paying freight, accepting a delivery or selecting a three-letter rule settles all three questions.
Keep three milestones separate
A project can have a payment milestone, a delivery or risk-transfer point and an ownership provision that do not occur together. Understanding one does not establish the others. The exact result depends on the contract and applicable legal framework. Review those provisions with the parties and appropriate advisers where necessary; a general website explanation cannot determine ownership in a particular transaction.
An illustrative document review
| Question | Where to find the agreed basis |
|---|---|
| Who arranges a transport task? | Relevant delivery rule and contract details |
| When is a payment due? | Agreed payment provisions |
| When does ownership transfer? | Applicable ownership provision and legal review |
| What counts as acceptance? | Agreed inspection and acceptance terms |
For example, a payment schedule that mentions dispatch should not be treated as an ownership clause merely because both concern the same equipment.
Make the purchase records consistent
Use the named delivery place and edition of the rule consistently where they are agreed. Keep the quotation, accepted order and transport instructions aligned, while preserving the separate provisions for ownership and acceptance. Resolve contradictory wording before the parties rely on it. This is a distinction between commercial concepts, not a recommended legal clause or a statement of MARSTON payment terms. The actual offer and signed transaction documents must establish the purchase conditions.
Read inconsistent milestones before shipment
If an order uses the word delivery in several places, identify whether each occurrence refers to the same event. It might otherwise be unclear whether a payment condition, receipt record and transport milestone are aligned. Ask the parties to resolve that wording rather than selecting the interpretation most favorable to one side. A consistent set of records is more useful than an unsupported assumption about ownership.
Sources
Examples are illustrative. Confirm product-specific performance, compatibility and supply scope in the applicable documents.