FCA (Free Carrier) means that the seller fulfills his obligation to deliver when he has delivered the goods, permission to export, in the charge of the carrier named by the buyer in the name of the place or point. If not indicated no precise point by the buyer, the seller may choose within the place or range stipulated where the carrier must be goods in his charge. When, according to commercial practice, the assistance of the seller is required to make the contract with the company (such as in rail or air) the seller may act by account and risk of the buyer.
This term can be used for any 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, sea, air, River, or by a combination of these modes. If the buyer instructs the seller to deliver the cargo to a person, for example a freight forwarder, which is not a ‘carrier’, the seller shall be deemed that it was ending its obligation to deliver the goods when they are in the custody of that person.
“Transport terminal” means a terminal railroad, a charging station, a terminal of containers or yard, a multipurpose cargo terminal or similar receiver anywhere.
The seller must
A.1. provision of goods in conformity with the contract
Provide the goods and the commercial invoice, or its equivalent electronic message in accordance with the contract of sale and any other evidence of compliance which may be required by the contract.
A.2. licences, authorisations and formalities
Obtain at his own risk and expense any export licence or other official authorization and carry out all necessary customs formalities for the export of the goods.
A.3. transport and insurance contract
- (a) contract of carriage
No obligation. However, if the purchaser requests it, or if it is commercial and buyer does not give an instruction to the contrary in due time, the seller may contract for transportation in terms always for account and risk of the buyer. The seller may decline to make the contract and, if it does so, shall notify the buyer accordingly.
- (b) insurance contract
Deliver the goods into the custody of the carrier or of another person (for example a freight forwarder) appointed by the buyer, or chosen by the seller as A.3. one), in the place or point (transport terminal or another receiver point) on the date or the deadline agreed for delivery, and in the form agreed or customary at this point. If no specific point has not been agreed, and if there are several points, seller may select the point at the place of delivery which best suits his purpose. In the absence of precise instructions from the buyer, the seller will deliver the goods to the carrier in such a way that the mode of transportation of that company and the quantity or nature of the goods may require.
It ends the delivery to the carrier:
I) in the case of rail transport when the goods constitute a loaded car (or a container load carried by railway) the seller must load the wagon or container properly. The delivery is complete when the wagon loaded or container is taken by the railway or by another person acting on his behalf.
When goods do not constitute a wagon or container load, the delivery is complete when the seller has delivered the goods on the railway or load them in a vehicle provided by the railway.
(II) in the case of transport by road when the load is done on the premises of the seller, the delivery is complete when the goods have been loaded on the vehicle provided by the buyer.
When the goods are delivered to the premises of the company, the delivery is complete when they have delivered to the road carrier or other person acting on his behalf.
(III) in the case of transport by inland waterway when the load is done on the premises of the seller or at a port, the delivery is complete when the goods have been loaded on the vessel of transportation provided by the buyer.
When the goods are delivered to the premises of the company, the delivery is complete when they have been delivered to the river carrier or other person acting on his behalf.
(IV) in the case of maritime transport when the goods constitute a (FCL), the delivery is complete when the loaded container is taken up by the shipping company.
When the container has been an operator of a terminal performance of transport on behalf of the company, the goods shall be deemed that they have been taken when the container has entered the terminal facilities.
When the goods are in a container (LCL), or must not be transported in containers, the seller has to take them to the terminal of transportation. The delivery is complete when the goods have been delivered to the shipping company or other person acting on his behalf.
(V) in the case of air transport, the delivery is complete when the goods have been delivered to the airline or other person acting on his behalf.
VI) in the case of transport without name, delivery is complete when the goods have been delivered to the carrier or other person acting on his behalf, named by the buyer, or chosen by the seller under A.3.a).
VII) in the case of multimodal transport, delivery is complete when the goods have been delivered as described in i)-vi). as the case may be.
B.5. transfer of risks
Accordance with a.5., bear all risks of loss of or damage to the goods until the moment of delivery according to A.4.
A.6. division of costs
Accordance with B.6.
-pay all costs relating to the goods until the moment of delivery according to A.4.;
-pay the costs of customs formalities as well as the duties, taxes and other official charges payable on export.
A.7. the buyer alert
Give the buyer sufficient notice that the goods have been delivered into the custody of the carrier. Agree the carrier not carry goods in charge at the time, the seller shall notify the buyer.
A.8. proof of delivery, transport document or equivalent electronic message
Provide to the buyer on account of the seller the document with receipt of delivery of the goods according to A.4.
Unless the document referred to in paragraph is the transport document which represents the buyer on request of this, risk and cost, all kinds of assistance in obtaining a transport document for the contract of carriage (for example, a knowledge of negotiable shipment, a sheet of non-negotiable sea route, a navigable document an air waybill, a railway transport document, 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 interchange (EDI) of equivalent electronic data message.
A.9. comprobacion-embalaje – mark
Pay the costs of the verification operations (such as control of quality, measuring, weighing, counting) which are necessary in order to deliver the goods to the carrier.
Provide their own expenses of packaging (unless it is usual for the particular trade to ship the goods of the description of the unpacked contract) that is required for the transport of goods, to the extent. That the circumstances relating to the transport (for example modalities, destination) are given to meet the seller before the contract of sale is concluded. The packing must be marked appropriately.
A.10. other obligations
Processing to the purchaser at the request of this, risk and cost, all kinds of assistance in obtaining the documents or equivalent electronic messages (that are not listed in A.8) issued or transmitted in the country of delivery or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through another country.
Provide the buyer, upon request, with the information necessary for the acquisition of insurance.
The buyer must
B.1. payment of the price
Pay the price stipulated in the contract of sale,
B.2. licences, authorisations and formalities
Get your own account and risk any licence or authorisation of another officer of import and carry out all customs formalities for the import of the goods and, where necessary, for their transit through another country.
B.3. contract of carriage
Contract on their own for the transport of goods from a place called, except as provided for in A.3.a).
B.4. taking delivery
Take delivery of the goods according to A.4.
B.5. transfer of risks
Bear all risks of loss or damage to the goods from the time they have been delivered according to A.4.
If not give notice according to B.7. or fail to the carrier nominated by him taking the goods in his charge, bear all risks of loss or damage to the goods from the agreed date or the date of expiry of any period stated for delivery, however, that the goods have been duly appropriated the contract, is to say, clearly set aside or otherwise identified as the contract goods.
B.6. Division of costs
Pay all costs relating to the goods from the moment when it delivers according to A.4.
Pay any additional cost incurred, because he fails to nominate the carrier or to the carrier designated by it is unable to take the goods in his charge at the agreed time, or because he has not been able to give notice appropriate according to B.7. Provided, however, that the goods have been duly appropriated the contract, i.e. fixed clearly aside or otherwise identified as the contract goods.
Pay all the duties, taxes and other official charges, as well as the costs of carrying out customs formalities payable on the importation of the goods and, where necessary, for their transit through another country.
B.7. notice to seller
Giving notice of the name of the company, enough seller and if necessary, specify the mode of transportation, as well as the date or time to deliver goods to it and, as applicable, of the point in the place where the goods should be delivered to the carrier.
B.8. proof of delivery, transport document or equivalent electronic message
Accept the proof of delivery according to A.8.
B.9. inspection of goods
Payment, unless otherwise agreed, the costs of pre-shipment inspection except when the mandate of the authorities of the country of export is performed.
B.10. other obligations
Pay all costs and expenses incurred in obtaining the documents or equivalent electronic messages mentioned in A.l0 and the costs incurred by the seller in its assistance in accordance with the same and the hiring of transport according to A.3 refunded. ((a). give the seller appropriate instructions when required by A.3.a of seller assistance in the recruitment of transport).