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FREE
CARRIER
(…named place)
《Free Carrie》means that the seller fulfils his obligation to deliver when he
has handed over the goods, cleared for export ' , into the charge of the carrier
named by the buyer at. the named place or point. If no precise point.is indicated
by the buyer, the seller may choose within the place or range stipulated where
the carrier shall take the goods into his charge. When, according to commercial
practice, the seller's assistance is required in making the contract with the
carrier (such as in rail or air transport) the seller may act at the buyer's
risk and expense.
This term may 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 carriage by rail, roadg seaq air, inland waterway
or by a combination of such modes. If the buyer instructs the seller to deliver
the cargo to a person, e. 9. a freight for-warder who is not a 《carrier》, the
seller is deemed to have fulfilled his obligation to deliver the goods hen they
are in the custody of that person.
《Transport terminal》,means a railway terminal, a ight station, a container terminal
or yard, a multirpose cargo terminal or any similar receiving point.
《Container》 includes any equipment used to unitise go, e. g. all types of containers
and/or flats, whether
accepted or not, - trailers, swap bodies ro - ro equiplitent, igloos, and applies
to all modes of transport.
ATHE SELLER MUST
A1 Provision of goods in conformity with the contract
Provide the goods and the commercial invoice, or its equivalent electronic messages,
in conformity with the contract of sale and any other evidence of conformity which
may be required by the contract.
A2 Licences, authorisations and formalities
Obtain at his own risk and expense any export licence or other offical. authorisation
and carry out all customs formalities necessary for the exportation of the goods.
A3 Contractof 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 contrairy in due time, the seller
may contract for carriage on usual terms at the buyer's risk and expense. The
seller may de~'Cline to make,the contract and, if he does, shall promptly notify
the buyer accordingly.
b) Contract of insurance
No obligation.
A4 Delivery
Deliver the goods into the custody of the carrier or another person (c. g. a freight
forwarder)named by the buyer, or chosen by the seller in accordance with A. la),
at the named place or point (c. g. transport terminal or other receiving point)on
the date or within the period agreed for delivery and in the manner agreed or
customary at such point. If no specific point has been agreed, and if there are
several points available, the seller may select the point at the place of delivery
which best suits his purpose. Failing precise instructions from the buyer, the
seller may deliver the goods to the carrier in such a manner as the transport
mode of that carrier and the quantity and/or nature of the goods may require.
Delivery to the carrier is completed:
I ) 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.
II ) An 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 caror to another person acting on
his behalf.
III ) In the case of transport by inland waterway when loadtakes
place at the seller's premises, delivery is completed when goods have been loaded
on the 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.
IV ) 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 viot 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.
V ) 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.
VI ) In the case of unnamed transport, delivery is c ompleted when the
goods have been handed over to the carrier or to an.other person acting on his
behalf.
VII ) In the case of multimodal transport, delivery is cornwhen the goods
have been handed over as specified in I)-VI),as the case may be.
A5 Transfer of risks
Subject to the provisions of B. 5. , bear all risks of loss of or damage to the
goods until such time as they have been delivered in accordance with A. 4.
A6 Division of costs
Subject to the provisions of B. 6.
●pay all costs relating to the goods until such time as they have been delivered
to the carrier in accordance with A. 4.
●pay the costs of customs formalities as well as all duties,taxes, and other official
charges payable upon exportation.
A7 Notice to the buyer
Give the buyer sufficient notice that the goods have been delivered into the custody
of the carrier. Should the carrier fail to take the goods into his charge at the
time agreed, the seller must notify the buyer accordingly.
A8 Proof of delivery, transport document
or equivalent electronic message
Provide the buyer at the seller's expense, if customary, with the usual document
in proof of delivery of the goods in accordance with A. 4.
Unless the document referred to in the preceding paragraph is the transport document,
render the buyer at the latter's request, risk and expense, every assistance in
obtaining a transport document for the contract of carriage (for example, a negotiable
bill of lading, a non - negotiable sea waybill, an inland waterwary 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 in the preceding paragraph may be replaced by an equivalent electronic
data interchange (EDI)message.
A9 Checking -packaging -marking
Pay the costs. of those checking operations (such as checking measuring, weighing.
counting) which are necessary for the purpose of delivering the goods to the carrier.
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 ( e. g.rnodalities,.destination) are made known to the seller before
the contract of sale is concluded. Packaging is to be marked appropriately.
A 10 Other obligations
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 A. 8. issued or transmitted in the country of delivery and/or of origin which
the buyer may require for the importation of the goods and, where necessary, for
their transit through another country. Provide the buyer, upon request, with the
necessary information for procuring insurance.
BTHE BUYER MUST
B1 Payment of the price
Pay the price as provided in the contract of sale.
B2 Licences, authorisations and formalities
Obtain at his own risk and expense any import licence or other official authorisation
and carry out all customs formalities for the importation of the goods and,
where necessary, for their transit through another country.
B3 Contract of carriage
Contract a t his own expense for the carriage'of the goods from the named place,
except as provided for in A. 3. a).
B4 Taking delivery
Take delivery of the goods in accordance with A. 4.
B5 Transfer of risks
Bear all risks of loss of or damage to the goods from tr-, time they have been
delivered in' accordance with A. 4.
Should he fail to give notice in accordance with B. 7. , or should the carrier
named by him fail to take the goods into his charge, bear all risks of loss
of or damage to the goods from the agreed date or the expiry date of any period
stipulated for delivery 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.
B6 Divison of costs
Pay all costs.relating to the goods from the time when they have been delivered
in accordance with A. 4.
the carrier, or the carrier named by him fails to take the into,his charge at
the agreed time, or because he has failed ,give approprate notice in accordance
whith B. 7. provided,however, that the goods have- been duly 'appropriated to
the conthat is to say, clearly set aside or otherwise identified as the contract goods.
Pay all duties, taxes and other official charges as well as the of carrying
out customs formalities payable upon importation the goods and, where necessary
for their transit through another country.
B7 Notice to the seller
Give the seller sufficient notice of the name of the carrier ,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 the carrier.
B8 Proof of delivery, transport document
or. equivalent electronic message
Accept the proof of delivery in accordance with A. 8.
B9 Inspection of goods
Pay, unless otherwise agreed, the costs of pre-shipment intion except when mandated
by the authorities of the country of rtation.
B10 Other obligations
Pay all costs and charges incurred in obtaining the documents equivalent
electronic messages mentioned in A. 10. and reimthose incurred by the seller
in rendering his assistance in accordance therewith and in contracting for carriage
in accordance with A. 3. a).
Give the seller appropriate instructions whenever the seller's assistance in
contracting for carriage is required in accordance with A. 3. a).
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