Failure to Deliver is a special additional risk in cargo transportation insurance, primarily covering the risk that goods cannot be delivered to the destination due to abnormal reasons (such as the carrier disappearing, goods being seized, misdelivery to a non-destination, etc.). This type of insurance is commonly found under trade terms such as CFR and CIF, where the seller is responsible for arranging insurance, and either the buyer or the seller may take out the policy. It is typically used on routes involving political instability, shipping fraud, or carriers with poor creditworthiness. Notes: This risk usually requires addition to an All Risks policy, and the insurance liability takes effect after the goods are loaded on board and terminates upon delivery at the destination; if the goods have actually been lost but have not reached the state of "failure to deliver," compensation may not be payable. The difference from "Risk of Non-Delivery" is that the latter addresses the inability to take delivery of goods after they arrive at the port, whereas Failure to Deliver emphasizes that the goods never arrived at all. The difference from "War Risk" is that War Risk covers losses caused by acts of war, while Failure to Deliver covers a broader range of circumstances in which delivery cannot be made. When taking out the policy, the trigger conditions and compensation ratio must be clearly stipulated.
📝 Examples
1. We exported a batch of mechanical equipment to Nigeria under CIF terms. Due to suspected fraud by the carrier, the goods were transshipped to another country, and the buyer could not receive the goods. Fortunately, failure to deliver insurance was taken out, and compensation was ultimately obtained. (Note: Under CIF, the seller takes out insurance, and failure to deliver insurance covers the risk of non-delivery caused by carrier fraud.)
2. In the trade of importing Iranian oil, due to international sanctions, the oil tanker was detained and the goods could not reach the Chinese port. The buyer claimed compensation from the insurance company based on the failure to deliver insurance taken out. (Note: Political risks lead to failure to deliver, and this type of insurance provides protection.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
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