"Ex works" means that the seller delivers when he places the goods at the disposal of the buyer
at the sellers premises or another named place (i.e. works, factory, warehouse, etc.) not
cleared for export and not loaded on any collecting vehicle.
This term thus represents the minimum obligation for the seller, and the buyer has to bear all
costs and risks involved in taking the goods from the sellers premises.
However, if the parties wish the seller to be responsible for the loading of the goods on
departure and to bear the risks and all the costs of such loading, this should be made clear by
adding explicit wording to this effect in the contract of sale1.
This term should not be used when
the buyer cannot carry out the export formalities directly or indirectly. In such circumstances, the
FCA term should be used, provided the seller agrees that he will load at his cost and risk.