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FCA - Free Carrier (insert named place of delivery)

GUIDANCE NOTE

This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.

“Free Carrier” means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.

If the parties intend to deliver the goods at the seller’s premises, they should identify the address of those premises as the named place of delivery. If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.

FCA requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.

FCA——货交承运人（……指定地点）

该项规则可以适用于各种运输方式（单独使用的情况），也可以适用于多种运输方式同时使用的情况。 “货交承运人”是指卖方于其所在地或其他指定地点将货物交付给承运人或买方指定人。建议当事人最好尽可能清楚地明确说明指定交货的具体点，风险将在此点转移至买方。

若当事人意图在卖方所在地交付货物，则应当确定该所在地的地址，即指定交货地点。另一方面，若当事人意图在其他地点交付货物，则应当明确确定一个不同的具体交货地点。

FCA要求卖方在需要时办理出口清关手续。但是，卖方没有办理进口清关手续的义务，也无需缴纳任何进口关税或者办理其他进口海关手续。

在需要办理海关手续时（在必要时/适当时），DAP规则要求应有卖方办理货物的出口清关手续，但卖方没有义务办理货物的进口清关手续，支付任何进口税或者办理任何进口海关手续，如果当事人希望卖方办理货物的进口清关手续，支付任何进口税和办理任何进口海关手续，则应适用DDP规则。

Incoterms 2010 16/88 贸易术语解释通则2010

A THE SELLER’ OBLIGATIONS A1 General obligations of the seller The seller must provide the goods and the commercial invoice in conformity with the contract of sale and any other evidence of conformity that may be required by the contract. Any document referred to in A1-A10 may be an equivalent electronic record or procedure if agreed between the parties or customary. A2 Licences, authorizations, security clearances and other formalities Where applicable, the seller must obtain, at its own risk and expense, any export licence or other official authorization and carry out all customs formalities necessary for the export of the goods. A3 Contracts of carriage and insurance a) Contract of carriage The seller has no obligation to the buyer to make a contract of carriage. 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 seller may decline to make the contract of carriage and, if it does, shall promptly notify the buyer. b) Contract of insurance The seller has no obligation to the buyer to make a contract of insurance. However, the seller must provide the buyer, at the buyer’s request, risk, and expense (if any), with information that the buyer needs for obtaining insurance. A4 Delivery The seller must deliver the goods to the carrier or another person nominated by the buyer at the agreed point, if any, at the named place on the agreed date or within the agreed period. 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 buyer. b) In any other case, when the goods are placed at the Incoterms 2010

B THE BUYER’ OBLIGATIONS B1 General obligations of the buyer The buyer must pay the price of the goods as provided in the contract of sale. Any document referred to in B1-B10 may be an equivalent electronic record or procedure if agreed between the parties or customary. B2 Licences, authorizations, security clearances and other formalities Where applicable, it is up to the buyer to obtain, at its own risk and expense, any import licence or other official authorization and carry out all customs formalities for the import of the goods and for their transport through any country. B3 Contracts of carriage and insurance a) Contract of carriage The buyer must contract at its own expense for the carriage of the goods from the named place of delivery, except when the contract of carriage is made by the seller as provided for in A3 a). b) Contract of insurance The buyer has no obligation to the seller to make a contract of insurance. B4 Taking delivery The buyer must take delivery of the goods when they have been delivered as envisaged in A4. Unless the buyer notifies the seller otherwise, the seller may deliver the goods for carriage in such a manner as the quantity and/or nature of the goods may require. 贸易术语解释通则2010

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disposal of the carrier or another person nominated by the buyer on the seller’s means of transport ready for unloading. If no specific point has been notified by the buyer under B7 d) within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. B5 Transfer of risks A5 Transfer of risks The seller bears all risks of loss of or damage to the The buyer bears all risks of loss of or damage to the goods until they have been delivered in accordance goods from the time they have been delivered as with A4, with the exception of loss or damage in the envisaged in A4. If circumstances described in B5. a) the buyer fails in accordance with B7 to notify the nomination of a carrier or another person as envisaged in A4 or to give notice; or b) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, then, the buyer bears all risks of loss of or damage to the goods: (i) from the agreed date, or in the absence of an agreed date, (ii) from the date notified by the seller under A7 within the agreed period; or, if no such date has been notified, (iii) from the expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods. B6 Allocation of costs A6 Allocation of costs The buyer must pay The seller must pay a) all costs relating to the goods until they have been a) all costs relating to the goods from the time they delivered in accordance with A4, other than those have been delivered as envisaged in A4, except, where applicable, the costs of customs formalities necessary payable by the buyer as envisaged in B6; and for export, as well as all duties, taxes, and other b) where applicable, the costs of customs formalities charges payable upon export as referred to in A6 b); necessary for export, as well as all duties, taxes, and b) any additional costs incurred, either because: other charges payable upon export. (i) the buyer fails to nominate a carrier or another person as envisaged in A4, or (ii) the carrier or person nominated by the buyer as envisaged in A4 fails to take the goods into its charge, or (iii) the buyer has failed to give appropriate notice in accordance with B7, provided that the goods have been clearly identified as the contract goods; and c) where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities Incoterms 2010

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贸易术语解释通则2010

A7 Notices to the buyer The seller must, at the buyer’s risk and expense, give the buyer sufficient notice either that the goods have been delivered in accordance with A4 or that the carrier or another person nominated by the buyer has failed to take the goods within the time agreed. A8 Delivery document The seller must provide the buyer, at the seller’s expense, with the usual proof that the goods have been delivered in accordance with A4. The seller must provide assistance to the buyer, at the buyer’s request, risk and expense, in obtaining a transport document. A9 Checking –packaging –marking The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of delivering the goods in accordance with A4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export. The seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. The seller may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. Packaging is to be marked appropriately. A10 Assistance with information and related costs The seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyer’s request, risk and expense, any documents and information, Incoterms 2010

payable upon import of the goods and the costs for their transport through any country. B7 Notices to the seller The buyer must notify the seller of a) the name of the carrier or another person nominated as envisaged in A4 within sufficient time as to enable the seller to deliver the goods in accordance with that article; b) where necessary, the selected time within the period agreed for delivery when the carrier or person nominated will take the goods; c) the mode of transport to be used by the person nominated; and d) the point of taking delivery within the named place. B8 Proof of delivery The buyer must accept the proof of delivery provided as envisaged in A8. B9 Inspection of goods The buyer must pay the costs of any mandatory pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export. B10 Assistance with information and related costs The buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with A10. The buyer must reimburse the seller for all costs and 贸易术语解释通则2010

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including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination. charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in A10. The seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering assistance in obtaining documents and information as envisaged in B10. The buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the seller’s request, risk and expense, any documents and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country.

Incoterms 2010 20/88 贸易术语解释通则2010