一、Introduction to FCA terminology
FCA trade term for carrier (......Named place)
FCA trade term for carrier (......Named place)
FCA termsIt means that the seller only has to deliver the goods to the carrier designated by the buyer at the named place, and it should be noted that the choice of place of delivery affects the obligation to load and unload the goods at that place。The Seller shall be responsible for loading if delivered at its place and shall not be responsible for unloading if delivered at any other place。
"Carrier" means any person who, in a contract of carriage, undertakes to perform carriage by rail, road, air, sea, inland waterway or a combination thereof, or to be performed by another person。
If the Buyer appoints a person other than the carrier to take delivery of the goods, the seller shall be deemed to have fulfilled the delivery obligation when the goods are delivered to that person。
A Seller's obligations
B Buyer's Obligations
A1 Supply the goods in accordance with the contract
The Seller must provide the goods in conformity with the Contract of Sale and the commercial invoice or equivalent electronic message, as well as any other proof of conformity that may be required by the contract。
B1 Payment of price
The buyer must pay the price in accordance with the sales contract。
A2 Permits, other permits and procedures
The seller must, at his own risk and expense, obtain any export license or other official permission and, if necessary, complete all customs formalities necessary for the export of the goods。
B2 Licenses, other permits and procedures
The buyer must, at his own risk and expense, obtain an import license or other official permit and, if necessary, complete all customs formalities for the importation of the goods and their transit from another country。A3 Contract of Carriage and Insurance。
a) Contract of carriage
No obligation。However, if the Buyer so requests, or if it is commercial practice and the Buyer fails to give timely instructions to the contrary to the seller, the Seller may conclude the contract of carriage on the usual terms and conditions at the Buyer's expense and risk。In either case, the seller may refuse to enter into this contract;In case of refusal, the buyer shall be informed immediately。
b) No obligation under the insurance contract。
B3 Transport Contract and insurance contract
a) Contract of carriage
The Buyer must, at his own expense, conclude a contract for the carriage of the goods from the named place, unless the Seller has concluded a contract of carriage in accordance with A3a)。
b) No obligation under the insurance contract。
A4 delivery must be made by the seller at the designated place of delivery
Deliver the goods within the agreed delivery date or period to a carrier or other person designated by the Buyer or selected by the Seller in accordance with A3a)。
Delivery is made at the following times:
a) if the named place is the Seller's place, when the goods are loaded onto a means of transport provided by a carrier or other person acting on behalf of the Buyer, as appointed by the Buyer;
b) if the named place is not a) but any other place, when the goods are on the Seller's means of transport and have not yet been discharged to the carrier or other person designated by the Buyer or disposed of by the carrier or other person selected by the Seller in accordance with A3a)。
If no specific delivery point has been decided at the designated place, and there are several specific delivery points available, the seller may select the delivery point at the designated place that best suits its purpose。In the absence of express instructions from the buyer, the seller may deliver the goods for transport according to the mode of transport and/or the quantity and/or nature of the goods。
B4 Take delivery of goods
The Buyer must take delivery of the goods upon delivery by the Seller in accordance with A4。
A5 Risk transfer
Except as provided in B5, the Seller must bear all risks of loss or damage to the goods until delivery has been made in accordance with A4。
B5 Risk transfer
The Buyer shall bear all risks of loss of or damage to the goods as follows:
From the time of delivery in accordance with A4;And the failure of the Buyer to appoint a carrier or other person in accordance with A4，Or its designated carrier or other person fails to take over the goods at the agreed time，Or the Buyer fails to give corresponding notice to the Seller in accordance with B7，From the agreed delivery date or the expiration date of the delivery period，However, the goods have been duly assigned to the contract，To the extent that they are clearly marked out or otherwise identified as the goods under the contract。
A6 Cost division
Except as provided in B6, the Seller must pay all expenses in connection with the goods until delivery has been made in accordance with A4;And when it is necessary to go through customs formalities, the customs formalities payable for the export of the goods and all duties, taxes and other fees payable for the export。
B6 Cost division
The buyer must pay all expenses in connection with the goods from the time of delivery in accordance with A4;And any additional costs arising from the failure of the Buyer to appoint a carrier or other person in accordance with A4, or from the failure of the person appointed by the Buyer to take over the goods within the agreed time, or from the failure of the Buyer to give the Seller corresponding notice in accordance with B7，However, the goods have been duly assigned to the contract，To the extent that they are clearly marked out or otherwise identified as the goods under the contract。
All duties, taxes and other charges payable on the importation of goods when customs formalities are required, as well as the costs of customs formalities and the costs of transit from other countries。
A7 Notify the buyer
The seller must give the buyer sufficient notice that the goods have been delivered to the carrier in accordance with A4。If the carrier fails to take delivery of the goods at the agreed time, the seller must inform the buyer accordingly。
B7 Notify the seller
The Buyer must give the Seller adequate notice of the name of the person named in accordance with A4 and indicate, as necessary, the mode of transport and the date or period of delivery to the person named and, as the case may be, the specific point of delivery within the place named。
A8 Delivery documents, transport documents or equivalent electronic messages
The Seller must provide to the Buyer, at his own expense, usual documents certifying delivery in accordance with A4。Unless the document referred to in the preceding paragraph is a transport document，否则，At Buyer's request and at Buyer's risk and expense，The seller must render every assistance to the buyer，To obtain a transport document relating to the contract of carriage (e.g. negotiable bill of lading, non-negotiable sea waybill, inland waterway transport document, air waybill, rail consignment note, road consignment note or multimodal transport document)。
If the buyer and seller agree to communicate electronically, the documents referred to in the preceding paragraph may be replaced by an equivalent electronic Data interchange (EDI) message。
B8 Delivery certificate, transport document or equivalent electronic message
The Buyer must accept the delivery document provided in accordance with A8。
A9 Check, pack and mark
The Seller must pay the cost of checking the goods (e.g. checking the quality of the goods, measuring, weighing, counting) in order to deliver the goods in accordance with A4.。
The Seller must, at its own cost, provide the packing required by the Seller prior to the conclusion of the Contract of Sale in relation to the transport of the goods (e.g. mode of transport, destination) (unless the goods under the contract are normally shipped without packing in accordance with relevant industry practice)。Packages should be properly marked。
B9 Goods inspection
The buyer must pay the cost of any pre-shipment inspection, except for inspections mandated by the relevant authorities of the exporting country。
A10 Other obligations
At Buyer's request and at Buyer's risk and expense，The seller must render every assistance to the buyer，To assist the Buyer in obtaining any documents or equivalent electronic messages (other than those listed in A8) issued or transmitted by the country of shipment and/or the country of origin that may be required for the Buyer's import of the goods and, if necessary, for transit from another country。At the request of the Buyer, the seller must provide the Buyer with the information required for insurance。
B10 Other obligations
The Buyer must pay all costs incurred in obtaining the documents or electronic messages referred to in A10 and reimburse the Seller for the assistance rendered in accordance with that paragraph and for entering into the contract of carriage in accordance with A3a)。
When the Buyer requests the Seller's assistance in concluding the contract of carriage in accordance with A3a), the Buyer must give the seller instructions accordingly。
|
Link to this article: u42v.szyz88.net/school/10/27.Application of html FCA terminology in international trade |