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 SELLER'S 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 |
3 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
Покупатель обязан нести все расходы и оплачивать сборы, связанные с
получением документов или эквивалентных им электронных сообщений, как это
предусмотрено в статье А.10., а также возместить расходы продавца,
понесенные последним вследствие оказания им помощи покупателю при
оформлении договора перевозки согласно статье А.З.
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). |
|