| FCA, Free
Carrier "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. |
 |
| A |
The seller’s obligations |
B |
The buyer’s obligations |
|
| A1 |
Provision of goods in
conformity with the contract |
B1 |
Payment of the price |
|
| |
The seller must provide the
goods and the commercial invoice or its equivalent electronic message, in conformity with
the contract of sale and other evidence of conformity which may be required by the
contract. |
|
The buyer must pay the price as
provided in the contract of sale. |
|
| A2 |
Licences, authorisations and
formalities |
B2 |
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. |
|
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 |
B3 |
Contracts of carriage and
insurance |
|
| |
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.
Contract
of insurance
No
obligation |
|
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).
No
obligation. |
|
| A4 |
Delivery |
B4 |
Taking 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;
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 actin on his
behalf.
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. |
|
The buyer must take delivery of
the goods when the have been delivered in accordance with A4. |
|
| A5 |
Transfer of risks |
B5 |
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. |
|
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 falls 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 in 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 |
B6 |
Division of costs |
|
| |
The seller must, subject to the
provisions of B6, pay Al 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. |
|
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 whit 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 |
B7 |
Notice to the seller |
|
| |
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 whit A4 at the time agreed, the seller must
notify the buyer accordingly. |
|
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 |
B8 |
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 se-way bill, 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. |
|
The buyer must accept the proof
of delivery in accordance with A8. |
|
| A9 |
Checking- packaging- marking |
B9 |
Inspection of goods |
|
| |
The seller must pay the costs
of those 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. |
|
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 |
B10 |
Other obligations |
|
| |
The seller must render the
buyer 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. |
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The buyer must pay all costs
and charges incurred in obtaining the documents or equivalent electronic message 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). |
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