IncoTerms > 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. 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 must effect the loading. In case delivery occurs at any other place, the seller is not responsible for unloading.
The 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 provide the performance of transport by rail, road, air, sea, inland waterway or by a combination of such modes of transport.
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
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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation. But 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 arrange for carriage 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.
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 understood to be completed:
1. In the case of rail transport, when the goods constitute a wagon load or a container load carried by rail, the seller has to load the wagon or container in the appropriate manner. Delivery is completed when the loaded wagon or container is taken over by the railway or by another person acting on its behalf.
When the goods do not constitute a wagon or container load, delivery is completed when the seller has handed over the goods at the railway receiving point or loaded them into a vehicle provided by the railway.
2. In the case of road transport, when loading takes place at the seller's premises, delivery is completed when the goods have been loaded on the vehicle provided by the buyer.
When the goods are delivered to the carrier's premises, delivery is completed when they have been handed over to the road carrier or to another person acting on his behalf.
3. In the case of transport by inland waterway, when loading takes place at the seller's premises, delivery is completed when the goods have been loaded on carrying vessel provided by the buyer.
When the goods are delivered to the carrier's premises, delivery is completed when they have been handed over to the inland waterway carrier or to another person acting on his behalf.
4. In the case of sea transport, when the goods constitute a full container load (FCL), delivery is completed when the loaded container is taken over by the sea carrier. When the container has been carried to an operator of a transport terminal acting on behalf of the carrier, the goods shall be deemed to have been taken over when the container has entered into the premises of that terminal.
When the goods are less than a container load (LCL), or are not to be containerised, the seller has to carry them to the transport terminal. Delivery is completed when the goods have been handed over to the sea carrier or to another person acting on his behalf.
5. In the case of air transport, delivery is completed when the goods have been handed over to the air carrier or to another person acting on his behalf.
6. In the case of unnamed transport, delivery is completed when the goods have been handed over to the carrier or to another person acting on his behalf.
7. In the case of multimodal transport, delivery is completed when the goods have been handed over as specified in 1) - 6), as the case may be.
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.
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
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.
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 is the transport document, the seller must assist the buyer, at the buyer's request, risk and expense, in obtaining a transport document for the contract of carriage (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 may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking- packaging- marking
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods, to the extent that the circumstances relating to the transport such as 'modalities', 'destination' etc., are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer's request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
B THE BUYER'S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
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.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss 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 period fixed for delivery which arise 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 that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
-all costs related with the goods from the time they have been delivered in accordance with A4,
-the additional costs incurred because he fails to nominate the carrier or another person in accordance with A4 or because the party nominated by him fails to take delivery of the goods into his charge at the agreed time , or because the buyer fails to give appropriate notice in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
-Where applicable, all duties, taxes and any other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit via any country.
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.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery.in accordance with A8.
B9 Inspection of the 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.
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 costs and charges paid by the seller in assisting him 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).