CIF Zurich, a story
“CIF Zurich”, is if gone through as concept is a common expression for goods being delivered by sea freight to a specific place and based on Cost, Insurance and Freight. Thus the cost for the delivery including all export costs, value of goods, the insurance and the freight is charged at the delivery.
The correct term with delivery to Zurich is actually DAP Zurich and normally more specific DAP Zurich Airport or DAP Zurich Trade Free Zone. The INCO terms as per these standard phrases can be found here.
For time being I do not want to discuss the sellers’ interpretion of the term CIF and DAP. As a buyer it is as simple as “I pay when it is delivered”. For sellers I ask them to read and understand what they are signing when the agree on a CIF delivery, even if it is a DAP delivery. There is no buyer that would require the seller to deliver CIF, i.e. with sea freight to an international airport, even if that is what is agreed. What the seller expects and is paying for is a delivery without any financing for the seller. Financing the delivery is purely and entirely up to the seller.
I am sorry for this long introduction. Anyhow, it was agreed with this seller a CIF delivery of rough diamonds CIF Zurich. As the seller choosed to use a diplomat to carry the diamonds the two of them flew to Madrid. From there they took the train to Paris and being there they took the train to Brussels.
That is what they said had happend. Even before the travel we had required the seller and the “diplomat” to send their passports. They were promised before they left the country of origin, when in Madrid, when in Paris and finally when they had established themselves in Brussels.
I have previously commented on diplomats bringing goods. This is allowed in accordance with the Geneva Convention on Diplomatic Relations and article 27. The diplomat is on the other hand enjoying total immunity as is stated in article 31.1c, that is professional activities not as a diplomat.
Thus smuggling of undeclared rough diamonds is not allowed including diamonds with or without KC (KPC) not being his personal belongings.
So here we have a seller in Brussels staying in an hotel paying for a diplomat breaching the law stating the we have not paid anything to him so far so he can not and will not deliver anything until some smaller costs have been solved. Among them where, the cost for the diplomat, the train ticket, the hotel bill in Brussels, giving advance for seeing the roughs.
I volonteered going to the hotel them and drive them to Zurich for a meeting and taking them back the same day allowing them not to check out and after the transaction is done allowing them to cover all their costs.
That was also the last thing we heard from them. I do not know if the diplomat was a diplomat. That does not actually matter as that is not my business. I do not know if they had a KC or not or even rough diamonds. What I know is that they wanted money not agreed on.
If they still live at the hotel in Brussels or not is also not my business. Most likely is that they stayed with a family of theirs claiming all kind of costs to have their vacation paid for.
So if the seller is going to another place than was agreed on, let him stay their at his cost. He is still performing under the agreement paying for his own costs for the delivery. You are not obliged to pay for a vacation.
