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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.
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| S |
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THE SELLER'S OBLIGATIONS |
| S1 |
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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.
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| S2 |
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Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or
other official authorization and carry out, where applicable, all
customs formalities necessary for the export of the goods.
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| S3 |
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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 promptly notify the buyer accordingly.
B) Contract of insurance
No obligation
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| S4 |
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Delivery
The seller must deliver the goods to the carrier or another person
nominated by the buyer, of chosen by the seller in accordance with S3
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 S3 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 deliver 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.
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| S5 |
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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 S4.
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| S6 |
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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 S4; and
Where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export.
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| S7 |
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Notice to the buyer
The seller must give the buyer sufficient notice that the goods have
been delivered in accordance with S4. Should the carrier fail to take
delivery in accordance with S4 at the time agreed, the seller must
notify the buyer accordingly.
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| S8 |
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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 S4.
Unless the document referred to in the preceding paragraph is the
transport document, the seller must render the buyer at the later's
ruquest, risk and expense, every assistance in obtaining a ransport
document for the contract of carriage (for example a negotiable bill of
lading, a non-negotiable sea waybill, an inland waterw3ay document, and
air waybill, a railway consignment note, a road consignment note, on a
multimodal transport document).
When the seller and the buyer have agreed to communicate electronically,
the document refered to inr he prededing paragraph may by an equivalent
electronic data interchange (EDI) message.
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| S9 |
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Checking - packaging - marking
The seller must pay the costs of those checking operations (such as
checking quality, measuring, weighing, counting) which are necessary of
the purpose of delivering the goods in accordance with S4.
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.
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| S10 |
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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 S8) issued of
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.
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| B |
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THE BUYER'S OBLIGATIONS |
| B1 |
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Payment of the price
The buyer must pay the price as provided in the contract of sale.
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| B2 |
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Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or
other official authorization and carry out, where applicable, all
customs formalities for the import of the goods and for their transit
through any country.
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| B3 |
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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 S3 a).
B) Contract of insurance
No obligation
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| B4 |
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Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
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| B5 |
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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 S4; and
From the agreed date of 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 S4, 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.
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| B6 |
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Division of costs
All costs relating to the goods from the time they have been delivered in accordance with S4; and
Any additional costs incurred, either because he fails to nominate the
carrier or another person in accordance with S4 of 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, provide, however, that the goods have been duly
appropriated to the contract, that is to say, clearly set aside of
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.
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| B7 |
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Notice to the seller
The buyer must give the seller sufficient notice of the name of the
party designated in S4 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.
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| B8 |
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Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery in accordance with S8.
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| B9 |
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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.
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| B10 |
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Other obligations
The buyer must pay all costs and charges incurred in obtaining the
documents of equivalent electronic messages mentioned in S10 and
reimburse those incurred by the seller in rendering his assistance in
accordance therewith and in contracting for carriage in accordance with
S3 a).
The buyer must give the seller appropriate instructions whenever the
seller's assistance in contracting for carriage is required in
accordance with S3 a:. |
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