Information International rules and organizations Incoterms 2000 [iNKOTERMS 2000] Term F Free carrier - FCA

FCA(Free Carrier (...named place))
Free carrier (...place name)

The term "Free Carrier" means that the seller will deliver the cleared goods to the carrier named by the buyer at the named place. It should be noted that the choice of place of delivery will affect the obligation to load and unload the goods at that place. If delivery takes place at the seller's premises, the seller is responsible for shipping. If the delivery is made to another place, the seller is not responsible for the shipment of the goods. This term can be used for transportation by any mode of transport, including multimodal transportation.

The word "Carrier" means any person who, on the basis of a contract of carriage, undertakes to carry out or ensure the carriage of goods by rail, road, air, sea and inland water transport or a combination of these modes of transport.
If the buyer trusts another person who is not a carrier to accept the goods, then the seller is considered to have fulfilled his obligations to deliver the goods from the moment of its transfer to this person.

RESPONSIBILITIES OF THE SELLER

BUYER'S RESPONSIBILITIES

A.1. DELIVERY OF THE GOODS IN ACCORDANCE WITH THE CONTRACT

B.1. PAYMENT OF THE PRICE

The seller is obliged, in accordance with the sales contract, to provide the buyer with the goods, a commercial invoice or equivalent electronic message, as well as any other evidence of conformity that may be required under the terms of the sales contract.

The buyer is obliged to pay the price of the goods stipulated by the contract of sale.

A.2. LICENSES, CERTIFICATES AND FORMALITIES

B.2. LICENSES, CERTIFICATES AND FORMALITIES

The seller must obtain at his own risk and expense any export license or other official authorization and carry out, where applicable, all customs formalities necessary for the export of the goods.

The buyer must, at his own expense and risk, obtain any import license or other official authorization and carry out, if necessary, all customs formalities for the importation of the goods, as well as for their transit through third countries.

A.3. CONTRACTS OF CARRIAGE AND INSURANCE

B.3. CONTRACTS OF CARRIAGE AND INSURANCE

a) Contract of carriage
No commitment. However, either at the buyer's request or commercial practice, unless otherwise specified by the buyer in advance, the seller may contract for carriage on normal terms at the buyer's expense and risk. The seller may also refuse to conclude such an agreement. In this case, he must immediately notify the buyer.
b) Insurance contract
No commitment.

a) Contract of carriage
The buyer must, at his own expense, contract for the carriage of the goods from the named place, unless the contract of carriage is concluded by the seller in accordance with article A.3a).
b) Insurance contract
No commitment.

A.4. SUPPLY

B.4. ACCEPTANCE OF DELIVERY

The seller must deliver the goods to the carrier or other person designated by the buyer or chosen by the seller in accordance with A.3a) at the named place on the date or time specified.
Delivery is considered completed:
a) if the named place of delivery is at the seller's premises: when the goods are loaded into the vehicle of a carrier named by the buyer or another person acting on his behalf
b) if the named place is outside the seller's premises: when the goods not shipped from the seller's means of transport are placed at the disposal of the carrier or another person designated by the buyer or chosen by the seller in accordance with A.3a). If the parties have not agreed on a particular point at the named place of delivery, and if there is more than one such point, the seller may choose the most suitable point for him. If the seller does not have precise instructions from the buyer, he may deliver the goods for further transport in such a way as the given mode of transport and/or the quantity and/or nature of the goods suggests.

The buyer is obliged to take delivery of the goods when it has been made in accordance with Article A.4.

A.5. RISK TRANSFER

B.5. RISK TRANSFER

The seller is obliged to take into account the provisions of Article B.5. bear all risks of loss or damage to the goods until they have been delivered in accordance with Article A.4.

The buyer must bear all risks of loss of or damage to the goods - from the moment when the goods are delivered to him in accordance with Article A.4., and - from the agreed date or from the expiration of the agreed period for delivery, which arise either from his failure to fulfill the obligation to indicate the carrier or another person in accordance with article A.4., or because the carrier or other person indicated by him could not accept the goods at his disposal within the agreed period or he himself could not give notice in accordance with article B.7. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e. definitely isolated or otherwise identified as the goods that are the subject of this contract.

A.6. COST ALLOCATION

B.6. COST ALLOCATION

The seller must, subject to the provisions of article B.6.: - bear all costs associated with the goods until they have been delivered in accordance with paragraph A.4., and - pay, if required, all duties, taxes and other charges, as well as the costs of customs formalities payable upon export.

The buyer must: - bear all costs associated with the goods from the moment of delivery of the goods in accordance with article A.4., and - bear all additional costs or fail to fulfill the obligation to indicate the carrier or another person in accordance with article A.4., or because the carrier or other person indicated by him could not accept the goods at his disposal within the agreed period or he himself could not give notice in accordance with Article B.7. The condition, however, is the proper conformity of the goods with the contract. This means that the goods must be properly identified, i.e., clearly separated or otherwise identified as the goods that are the subject of this contract, and - pay, if required, all duties, taxes and other fees, as well as the costs of customs formalities payable upon import of the goods and, if necessary, for their transit through third countries.

A.7. NOTICE TO THE BUYER

B.7. NOTICE TO SELLER

The seller must give the buyer sufficient notice of the delivery of the goods in accordance with A.4. In the event that the carrier is unable to take over the goods within the agreed time in accordance with Article A.4, the seller must notify the buyer accordingly.

The buyer must give the seller sufficient notice of the name of the carrier or other person referred to in Article A.4., and, where necessary, indicate the method of transport and the date or time of delivery of the goods to him, and, if necessary, the point at the place where the goods must be handed over to the carrier or another person.

A.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

B.8. PROOF OF DELIVERY, SHIPPING DOCUMENTS OR ELECTRONIC EQUIVALENTS

The seller must provide the buyer, at his own expense, as proof of delivery of the goods, with the usual transport documents in accordance with A.4. If such proof referred to above is not a transport document, the seller must provide the buyer, at his request, at his expense and risk, with all possible assistance in obtaining a transport document (for example, a negotiable bill of lading, a non-negotiable sea waybill, evidence of carriage by inland waterway , air waybill, rail or road waybill, or multimodal transport waybill). In the event that the seller and the buyer have agreed on the use of electronic communication means, the documents mentioned above may be replaced by equivalent electronic messages (EDI).

The buyer is obliged to accept proof of delivery in accordance with article A.8.

A.9. CHECK - PACKAGING - MARKING

B.9. GOODS INSPECTION

The seller must bear the costs associated with the verification of the goods (for example, checking the quality, dimensions, weight, quantity) necessary for the delivery of the goods in accordance with Article A.4. The seller is obliged to pay at his own expense the costs associated with the packaging necessary for the transport of the goods (except in cases where it is customary in this branch of trade to send the goods stipulated by the contract without packaging). The latter is carried out to the extent that the circumstances relating to the transport (eg means of transport, destination) were known to the seller before the conclusion of the contract of sale. The packaging must be properly labelled.

The buyer must bear the costs of any pre-shipment inspection of the goods, unless such inspection is required by the authorities of the country of export.

A.10. OTHER LIABILITIES

B.10. OTHER LIABILITIES

The seller is obliged, at the request of the buyer, to provide the latter, at his expense and risk, with full cooperation in obtaining any documents or equivalent electronic messages (other than those mentioned in Article A.8.) issued or used in the country of delivery and / or in the country of origin of the goods, which may be required by the buyer for the importation of the goods, or, if necessary, for their transit through third countries. The seller is obliged to provide the buyer, at his request, with all the information necessary for the implementation of insurance.

The buyer must bear all costs and pay fees associated with the receipt of documents or equivalent electronic messages, as provided in article A.10., and also reimburse the seller for the costs incurred by the latter as a result of assisting the buyer in the execution of the contract of carriage under article A. 3. The buyer must give the seller the necessary instructions in cases where the seller's assistance is required in concluding a contract of carriage in accordance with A.3a).

 
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