Legal Definitions - DES

DES stands for DELIVERED EX SHIP.

This is an international trade term (an Incoterm) that specifies when the seller's responsibility for goods ends and the buyer's begins during international shipping. Under DES terms, the seller is responsible for delivering the goods to the named port of destination, making them available to the buyer on board the ship, but before the goods are unloaded or cleared through customs for import. The seller covers all costs and risks associated with bringing the goods to that point. Once the goods are available on the ship at the destination port, the buyer takes on the responsibility for unloading, import customs clearance, and any further transportation.

• Example 1: A Japanese electronics manufacturer sells a large shipment of televisions to a retailer in the United States. Their contract specifies "DES Port of Los Angeles." This means the Japanese manufacturer is responsible for arranging and paying for the shipment of the televisions to the Port of Los Angeles, ensuring they arrive safely on the vessel. Once the ship docks and the televisions are available on board, the U.S. retailer becomes responsible for unloading them, paying import duties, and transporting them to their warehouse.

• Example 2: An Australian mining company sells a bulk cargo of iron ore to a steel mill in South Korea, with the agreement stating "DES Busan Port." The Australian company must arrange and pay for the sea freight to Busan, bearing the risk of any damage or loss during the voyage. Upon the ship's arrival at Busan, the iron ore is made available on the vessel to the South Korean steel mill, which then takes over the costs and risks of unloading the ore and clearing it through Korean customs.

DE SALVA GARDIA is a historical legal term from English law, meaning "of safeguard."

It refers to a type of writ (a formal written order from a court or legal authority) that was issued to provide protection to individuals, particularly those considered "strangers" or outsiders, who were traveling or present in a specific area to lawfully pursue their legal rights or conduct legitimate business. This writ served as a form of official protection, ensuring they would not be unlawfully harmed, arrested, or harassed while engaged in their lawful activities.

• Example 1: In medieval England, a merchant from a distant county traveled to London to collect a significant debt owed to him. Fearing potential harassment or unlawful detention by local authorities or rivals of the debtor, he could petition for a de salva gardia writ. This writ would officially declare his lawful purpose in London and command local officials to ensure his safety and allow him to pursue his claim without interference.

• Example 2: Imagine a witness summoned to testify in a court case in a neighboring shire, a journey that might take them through territories where they had no local connections or protection. To ensure their safe passage and attendance at court, a de salva gardia writ could be issued. This would provide official recognition of their legal duty and protect them from any unlawful arrest or harm during their travel to and from the court proceedings.

• Example 3: An individual was appointed as an executor of a will for a deceased relative who owned property in a remote part of the kingdom. To travel to that region, inventory the estate, and manage the legal process of probate without fear of being mistaken for a vagrant or subjected to local extortion, they might obtain a de salva gardia. This writ would confirm their legal authority and purpose, granting them royal protection during their necessary travels and activities related to the estate.