FCA
FREE CARRIER (... named place)
Free Carrier means that the seller delivers
the goods, cleared for export, to the carrier nominated by
the buyer at the named place. It should be noted that the
chosen place of delivery has an impact on the obligations
of loading and unloading the goods at that place. If delivery
occurs at the seller's premises, the seller is responsible
for loading. If delivery occurs at any other place, the seller
is not responsible for unloading. This term may be used irrespective
of the mode of transport, including multimodal transport.
Carrier means any person who, in a contract of carriage,
undertakes to perform or to procure the performance of transport
by rail, road, air, sea. Inland waterway or by a combination
of such modes. If the buyer nominates a person other than
a carrier to receive the goods, the seller is deemed to have
fulfilled his obligation to deliver the goods when they are
delivered to that person.
THE SELLERS OBLIGATIONS
|
THE BUYER'S OBLIGATIONS
|
A1 Provision of goods in conformity with
the contract
The seller must provide the goods and the
commercial invoice, or its equivalent electronic message,
in conformity with the contract of sale and any other
evidence of conformity which may be required by the
contract.
|
B1 Payment of the price
The buyer must pay the price as provided
in the contract of sale.
|
A2 Licences, authorisations and formalities
The seller must obtain at his own risk
and expense any export licence or other official authorisation
and carry out, where applicable, all customs formalities
necessary for the export of the goods.
|
B2 Licences, authorisations and formalities
The buyer must obtain at his own risk and
expense any import licence or other official authorisation
and carry out, where applicable, all customs formalities
for the import of the goods and for their transit through
any country.
|
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation. However, if requested by the buyer or
if it is commercial practice and the buyer does not
give an instruction to the contrary in due time, the
seller may contract for carriage on usual terms at the
buyer's risk and expense. In either case, the seller
may decline to make the contract and. if he does, shall
promptly notify the buyer accordingly.
b) Contract of insurance No obligation.
|
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage
of the goods from the named place, except when the contract
of carriage is made by the seller as provided for in
A3 a).
b) Contract of insurance No obligation.
|
A4 Delivery
The seller must deliver the goods to the
carrier or another person nominated by the buyer, or
chosen by the seller in accordance with A3 a), at the
named place on the date or within the period agreed
for delivery. Delivery is completed;
a) If the named place is the seller's premises, when
the goods have been loaded on the means of transport
provided by the carrier nominated by the buyer or another
person acting on his behalf.
b) If the named place is anywhere other than a), when
the goods are placed at the disposal of the carrier
or another person nominated by the buyer, or chosen
by the seller in accordance with A3 a) on the seller's
means of transport not unloaded.
If no specific point has been agreed within the named
place. and if there are several points available, the
seller may select the point at the place of delivery
which best suits his purpose.
Failing precise instructions from the buyer, the seller
may deliver the goods for carriage in such a manner
as the transport mode and/or the quantity and/or nature
of the goods may require.
|
B4 Taking delivery
The buyer must take delivery of the goods
when they have been delivered In accordance with A4.
|
A5 Transfer of risks
The seller must, subject to the provisions
of B5. bear all risks of loss of or damage to the goods
until such time as they have been delivered in accordance
with A4.
|
B5
Transfer of risks
The buyer must bear all risks of loss of
or damage to the goods
- from the time they have been delivered in accordance
with A4:and
- from the agreed date or the expiry date of any agreed
period for delivery which arise either because he fails
to nominate the carrier or another person in accordance
with A4, or because the carrier or the party nominated
by the buyer fails to take the goods into his charge
at the agreed time. or because the buyer fails to give
appropriate notice in accordance with B7, provided,
however, that the goods have been duly appropriated
to the contract, that is to say. clearly set aside or
otherwise identified as the contract goods.
|
A6 Division of costs
The seller must, subject to the provisions
of B6. pay
- all costs relating to the goods until such time as
they have been delivered in accordance with A4: and
- where applicable, the costs of customs formalities
as well as all duties, taxes, and other charges payable
upon export.
|
B6 Division of costs
The buyer must pay
- all costs relating to the goods from the time they
have been delivered in accordance with A4: and
- any additional costs incurred, either because he fails
to nominate the carrier or another person in accordance
with A4 or because the party nominated by the buyer
fails to take the goods into his charge at the agreed
time, or because he has failed to give appropriate notice
in accordance with B7, provided, however, that the goods
have been duly appropriated to the contract, that is
to say, clearly set aside or otherwise identified as
the contract goods; and
- where applicable, all duties, taxes and other charges
as well as the costs of carrying out customs formalities
payable upon import of the goods and for their transit
through any country.
|
A7 Notice to the buyer
The seller must give the buyer sufficient
notice that the goods have been delivered in accordance
with A4. Should the carrier fail to take delivery in
accordance with A4 at the time agreed, the seller must
notify the buyer accordingly.
|
B7 Notice to the seller
The buyer must give the seller sufficient
notice of the name of the party designated in A4 and,
where necessary, specify the mode of transport, as well
as the date or period for delivering the goods to him
and, as the case may be, the point within the place
where the goods should be delivered to that party.
|
A8 Proof of delivery, transport document
or equivalent electronic message
The seller must provide the buyer at the
seller's expense with the usual proof of delivery of
the goods in accordance with A4.
Unless the document referred to in the preceding paragraph
is the transport document, the seller must render the
buyer at the latter's request, risk and expense, every
assistance in obtaining a transport document for the
contract of carriage (for example a negotiable bill
of lading, a non-negotiable sea waybill, an inland waterway
document, an air waybill, a railway consignment note,
a road consignment note, or a multimodal transport document).
When the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding
paragraph may be replaced by an equivalent electronic
data interchange (EDI) message.
|
B8 Proof of delivery, transport document
or equivalent electronic message
The buyer must accept the proof of delivery
in accordance with A8.
|
A9 Checking - packaging - marking
The seller must pay the costs of those
checking operations (such as checking quality, measuring,
weighing, counting) which are necessary for the purpose
of delivering the goods in accordance with A4.
The seller must provide at his own expense packaging
(unless it is usual for the particular trade to send
the goods of the contract description unpacked) which
is required for the transport of the goods, to the extent
that the circumstances relating to the transport (for
example modalities, destination) are made known to the
seller before the contract of sale is concluded. Packaging
is to be marked appropriately.
|
B9 Inspection of goods
The buyer must pay the costs of any pre-shipment
inspection except when such inspection is mandated by
the authorities of the country of export.
|
A10 Other obligations
The seller must render the buyer at the
latter's request, risk and expense, every assistance
in obtaining any documents or equivalent electronic
messages (other than those mentioned in A8) Issued or
transmitted in the country of delivery and/or of origin
which the buyer may require for the import of the goods
and, where necessary, for their transit through any
country.
The seller must provide the buyer, upon request, with
the necessary information for procuring insurance.
|
B10 Other obligations
The buyer must pay all costs and charges
incurred in obtaining the documents or equivalent electronic
messages mentioned in A10 and reimburse those incurred
by the seller in rendering his assistance in accordance
therewith and in contracting for carriage in accordance
with A3 a).
The buyer must give the seller appropriate instructions
whenever the seller's assistance in contracting for
carriage is required in accordance with A3 a).
|
|