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Information International rules and organization Incoterms 2010 [iNKOTERMS 2010] FCA - Free Carrier - Free Carrier

FCA

Incoterms 2010

FREE CARRIER [... named port of shipment]
Free Carrier [... named port of shipment]

This term may be used irrespective of the chosen mode of transport and by using more than one mode of transport.
"Free Carrier" ( "Free Carrier") means that the seller carries out the transfer of goods to the carrier or another person nominated by the buyer at its premises or at any other point conditioned.
Parties are encouraged to most accurately determine the point at the named place of delivery, as the risk passes to the buyer at this point.
If the intention of the parties to carry out the transfer of the goods to the seller's premises, they must indicate the address of the premises at the agreed place of delivery. On the other hand, if the parties believe that the goods have been transferred elsewhere, they must determine the transmission is a special place.
According to the FCA the seller is required formalities for export, if applicable. However, the seller is not obliged to carry out customs formalities for import, pay import duties or perform other customs formalities for import.

A comment:
FCA, Free Carrier ... be sure to specify the geographic location, and is indicated in the contract specifically, exactly as much detail.
FCA, terms of delivery, when the main part of the carriage provides the buyer. In this case the buyer chooses the mode of transport, he organizes the entire chain of delivery, concludes contracts of carriage.
Seller's obligation to supply deemed to be fulfilled when he delivers the goods
- After customs clearance in export regime
- A carrier appointed by the buyer
- In the specified location.
Said the place of delivery influences 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 loading. Again, unless otherwise specified in the contract.
In practice, this condition usually is specified using other terms, such as for example in the case of the carriage of goods, the volume of one or multiple units of transport (cars, trucks, barges, etc.):
FOT (free on truck)
FIW (free in wagon)
FIB (free into barge)
If the product is not enough for a full load of a vehicle, for example, for transportation to the final destination will require the buyer to arrange cargo consolidation, it is possible to agree with the delivery of goods by the seller to any terminal, warehouse, port, ukaznogo buyer
- (FT- free terminal),
- Station (FOR free on rail),
- Ferry berth (FFB free ferry berth), etc.
Buyer can appoint a person other than a carrier to receive the goods. . As a "carrier" can act as a carrier directly and forwarding company, cargo yard station, dock, terminal, port and others. In this case, the seller fulfills his obligation to deliver when the goods have been delivered to that person.
Terms of delivery FCA can be used irrespective of the mode of transport, with the answers to the questions:
- "How the seller must perform its obligations upon the shipment of goods to the carrier?"
- "What are the duties of the carrier for the transportation of cargo to the transfer to the buyer?"
- The boundaries of the carrier's liability, etc.
not to be found in the Incoterms, and in the contract for the international carriage of goods, international transport conventions applicable national law.
IMPORTANT!
Carrier buyer should advance to check with the seller or his freight forwarder:
- Features of the carriage of cargo (particularly in the case of dangerous goods).
- Clarify and agree the nature of the cargo space and its volume-weight characteristics.
- Determine the possibility of loading the Seller.
- Timely agree with the seller of the vehicle type, the volume of goods ready for loading (especially if a long-term contract for the supply and delivery are parties under a single contract)
- Term (up to an agreed accurate hours) delivery vehicle.
Shall be passed to the Seller the full details of a particular carrier, vehicle (for the customs and transport documents)

THE SELLER

OBLIGATIONS OF THE BUYER

A.1. General obligations of the seller

B.1. General obligations of the buyer

The seller must, in accordance with the contract of purchase and sale provide the goods and the commercial invoice, the invoice, as well as any other evidence of conformity conditions of the contract of sale, which may be required by the contract.
Any document referred to in paragraphs A1-A10 may be an equivalent electronic record or other procedure, if agreed by the parties or is common.

The buyer must pay the price of the goods, as provided for in the contract of sale.
Any document referred to in paragraphs B1-B10 may be an equivalent electronic record or other procedure, if agreed by the parties or is common.

A.2. Licenses, permits, security checks and formalities

B.2. Licenses, permits, security checks and formalities

If required, the seller must obtain at his own expense and risk, an export license or other official authorization and carry out all customs formalities necessary for the export of goods.

If required, the buyer must obtain at his own expense and risk, import license or other official authorization and carry out all customs formalities for the import of goods and its transportation through any country.

A.3. carriage and insurance

B.3. carriage and insurance

a) Contract of carriage
The seller no duty to the buyer under the contract of carriage. However, at the request of the buyer or if it is commercial practice and the buyer does not give timely instructions to the contrary, the seller may be at the expense and risk of the customer contract for carriage on usual terms. In any case, the seller may refuse to conclude a contract of carriage, without delay, by notifying the buyer.
b) Contract of insurance
The seller no duty to the buyer under a contract of insurance. However, the seller must provide the buyer, at his request, at his risk and expense (in the presence of costs) the information necessary for the buyer of insurance.

a) Contract of carriage
The buyer shall at his own expense to conclude a contract of carriage of goods from the named place of delivery, except in cases when the contract of carriage is the seller as provided for in paragraph A3 a).
b) Contract of insurance
The buyer has no obligation to the seller to conclude a contract of insurance.

A.4. Supply

B.4. Taking delivery

The seller is obliged to transfer to the carrier or another person nominated by the buyer at the agreed point (if any) at the named place of delivery on the date or within the agreed period.
Delivery is completed:
a) If the named place is the seller's premises, - when the goods are loaded into a vehicle provided by the buyer;
b) in any other case - when the goods are placed at the disposal of the carrier or another person nominated by the buyer at the seller and the vehicle ready for unloading.
If a particular item is not specified by the buyer, as provided for in paragraph B7 d), - at the named place of delivery, if there are multiple matching items the seller has the right to choose the item that best suits his purpose.
Unless the buyer notifies Seller to the contrary, the seller may deliver the goods for carriage in such a manner as may be required in terms of the number and / or nature of the goods.

The buyer must take delivery of the goods as soon as they have been delivered in accordance with paragraph A4.

A.5. Transfer of risks

B.5. Transfer of risks

Seller shall bear all loss or damage to the goods until it is delivered in accordance with paragraph A4, with the exception of the risks of loss or damage in the circumstances referred to in paragraph B5. .

The buyer bears all risks of loss or damage to the goods from the moment of delivery in accordance with paragraph A4.
If:
a) the buyer does not report, as provided for in paragraph B7 about nominate the carrier or another person, as provided for in paragraph A4 or dispatches such notification; or
b) the carrier or the person nominated by the buyer, as provided for in paragraph A4, will not accept the goods on their own responsibility,
then the buyer bears all risks of loss or damage to the goods:
i) from the agreed date or in the absence of such an agreed date,
ii) the date within the agreed period, the message the seller, as stipulated in paragraph B7, or if such date is not communicated,
iii) the expiry date within the agreed delivery period,
provided that the goods were explicitly individualized as a commodity, which is the subject of the contract.

A.6. Division of costs

B.6. Division of costs

The seller must pay:
a) all costs relating to the goods until they have been delivered in accordance with paragraph A4, except for expenses payable by the purchaser as provided in paragraph B6; and
b) if required, the costs of customs formalities payable upon export of the goods and any duties, taxes and other charges payable when exported.

The buyer must:
a) pay all related product costs since it was delivered in accordance with paragraph A4, except, if applicable, the payment of tax expenditures, taxes and other official charges as well as for the implementation of customs formalities payable upon export of the goods as provided for in paragraph A6 b);
b) any additional costs arising from:
i) nenominirovaniya buyer carrier or another person, as provided for in paragraph A4 or
ii) non-acceptance of the goods on their own responsibility by the carrier or a person nominated by the buyer, as provided for in paragraph A4 or
iii) failure to give the buyer an appropriate notification, as provided in paragraph B7,
provided that the goods were explicitly individualized as a commodity, which is the subject of the contract; and
c) if applicable, the cost of payment of taxes, duties and other official charges as well as for the implementation of customs formalities payable upon import of the goods and the cost to transport it through any country.

A.7. Notice to the buyer

B.7. Notice to the seller

Seller shall, at the expense and risk of the buyer, or to give him sufficient notice that the goods have been delivered in accordance with paragraph A4 or that the carrier or another person nominated by the buyer, did not accept the goods within the agreed time.

The buyer must inform the seller:
a) name of the carrier or any other person nominated, as provided for in paragraph A4, for a sufficient period in order to enable the seller to deliver the goods in accordance with this paragraph;
b) if necessary, the date within the agreed delivery period for which the carrier or a nominated person can pick up the goods;
c) conveying method that will be used denominated face; and
d) the point of taking delivery at the named place.

A.8. Document delivery

B.8. Proof of delivery

Seller shall at its own expense provide the buyer with the usual proof that the goods have been delivered in accordance with paragraph A4.
The seller must provide the buyer's request, the purchaser, at his expense and risk, assistance in obtaining a transport document.

The buyer must accept the proof of delivery in accordance with paragraph A8.

A.9. Checking, packaging, labeling

B.9. Inspection of goods

The seller must pay all costs associated with checking (checking quality, measuring, weighing, counting) which are necessary for the delivery of goods in accordance with paragraph A4, as well as the costs of goods before shipment inspection, including inspection, which is prescribed by the authorities of the exporting country.
The seller must at his own expense packaging of goods, except in cases when the particular trade is usually taken to ship specified in the contract goods unpacked. The seller can pack the goods in such a way as is necessary for its transportation, unless the buyer before the contract does not notify the seller of specific packaging requirements. Marking packaged goods must be carried out properly.

The buyer must pay the costs for the mandatory inspection of goods prior to shipment, except when such inspection is carried out by order of the authorities of the exporting country.

A.10. Assistance in obtaining information and relating to this expenditure

B.10. Assistance in obtaining information and relating to this expenditure

If need be, the seller is obliged to provide the purchaser or to assist him in obtaining, at the request of the buyer, at his risk and expense, documents and information, including safety information, which may require the purchaser to import goods and / or transportation to the final destination.
The seller is obliged to compensate the buyer for all costs and charges incurred by the buyer in obtaining or providing assistance in obtaining documents and information as provided for in paragraph B10.

The buyer must notify the seller in a timely manner the requirements with regard to safety information, so that the seller could act in accordance with paragraph A10.
The buyer must reimburse the seller incurred by him costs and charges for providing or rendering assistance in obtaining documents and information as provided for in paragraph A10.
If required, the buyer is obliged to provide the seller or facilitate in the seller receiving, at the request of the seller, at his risk and expense, documents and information, including important safety information, which may require the seller to transport, export of goods and for their transport through any country.