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Page 1: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 1

wwwxdoccomau

Disclaimer and Copyright Notice

This publication contains information documents pages and images (Information) prepared by XDOC for

education and education only

It is not legal advice if you wish to obtain legal advice you should consult a legal financial or tax practitioner in

your jurisdiction

At the time of going to press the publishers believe that all information submitted for publication is accurate

However the publishers take no responsibility for any information contained in this publication No warranty

expressed or implied is given and no liability is accepted by XDOC

copy ndash Copyright ndash XDOCreg -

ABN 49 424733616

All rights reserved No part of this publication may be reproduced stored in a retrieval system or be transmitted

to any other person by any material means electronic mechanical photocopying facsimile recording or

otherwise without the prior written approval of the publisher

ldquoIncotermsrdquo is a trade mark of the International Chamber of Commerce (ICC)

This publication our comments opinions or other content are not sponsored affiliated or tested by the ICC we

recommend you refer to the ICC official publication of Incotermsreg 2010 ICC rules 715

The International Chamber of Commerce the world business organization based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available

ICC Business Bookstore

wwwiccbookscom

FOB FCA V1 copy2013 Page | 2

CONTENTS

1 SCOPE OF BOOK 3

11 Guide format 3

12 Remarks 3

13 How to use the E-Guide 3

2 AUTHOR 4

3 WHAT ARE INCOTERMSreg RULES 5

4 ICC PUBLICATION 6

5 INCOTERMSreg RULES CHANGES 7

6 WHAT THEY DO COVER 8

7 WHAT THEY DONrsquoT COVER 9

8 INSTITUTE CARGO CLAUSES 10

9 CATEGORIES 11

91 Rules for Any Mode of Transport 11

92 Rules for Sea and Inland Waterway Transport Only 11

10 OBLIGATIONS 12

11 ICC BOOK CATEGORIES 14

12 LEGEND 15

121 Legend for chart 15

122 Legend for remarks 15

13 FREE CARRIER- FCA (named place of delivery) 16

131 FCA Responsibilities 16

132 FCA Checklist 17

133 FCA Remarks 18

134 FCA Case Study 1 19

135 FCA Chart 1 19

136 FCA Case Study 2 20

137 FCA Chart 2 20

138 FCA Case Study 3 21

139 FCA Chart 3 21

1310 FCA Case Study 4 22

1311 FCA Chart 4 22

14 FREE ON BOARD ndash FOB (Named Port of Shipment) 23

141 FOB Responsibilities 23

142 FOB Checklist 24

143 FOB Remarks 25

144 FOB Case Study 1 26

145 FOB Chart 1 26

15 IN CONCLUSION 27

16 AUTHORSrsquo CONTACT DETAILS 28

161 Authorrsquos acknowledgments 28

FOB FCA V1 copy2013 Page | 3

1 SCOPE OF BOOK

This electronic guide to the 2010 version of Incotermsreg rules covers

Description of the FOB and FCA terms

Rules governing use of the terms and what they cover

Buyer and Seller Responsibilities

Rules for International and Domestic contracts of sale

How to use the rules correctly

Risks associated with each term

11 Guide format

The format of this guide has been designed for ease of use Each individual Incotermsreg rule is explained in easy-

to- follow sections

Description

Responsibilities

Checklist

Case studies

Charts

12 Remarks

The guide has a list of remarks divided into 5 categories for each specific Incotermsreg rule This is designed to

allow you to consider the Incotermsreg rules best suited to your requirements

Positives What are the best practices

Concerns When usage is not recommended

Considerations What to consider

Negotiables What to include in your negotiations and contracts

Insurance What to consider with Insurance

13 How to use the E-Guide

This E-guide is recommended to be used in conjunction with the ICC Incotermsreg 2010 rules publication no 715 It

has been intended as a guide only

FOB FCA V1 copy2013 Page | 4

2 AUTHOR

CORINNE CAMPBELL

Corinne Campbell has over twenty-five years international experience in the import and export of goods She

has developed a detailed and comprehensive understanding of international business documentation such as

letters of credit the legislation and international agreements and their generally accepted usage

As the Principal of XDOC Corinne has first hand experience of starting and running a business Corinne is also

the author of the Australian Comprehensive Import Export Manual which is a 132 pages reference manual of

documentation examples and information about Import Export This manual is used in various Colleges and

Business Centres in Australia selling over 1000 copies a year Corinne has also written many publications for

various international organisations

FOB FCA V1 copy2013 Page | 5

3 WHAT ARE INCOTERMSreg RULES

They are International Commercial Terms undertaken by buyers and sellers when delivering goods They provide

buyers and sellers with the basis of determining how certain tasks costs and risks are allocated between the

parties

Under a sale contract the Incotermsreg rules define

Tasks

Costs

Risks

Incotermsreg rules also serve as a useful checklist regarding risks responsibilities and obligations for sellers and

buyers

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 2: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 2

CONTENTS

1 SCOPE OF BOOK 3

11 Guide format 3

12 Remarks 3

13 How to use the E-Guide 3

2 AUTHOR 4

3 WHAT ARE INCOTERMSreg RULES 5

4 ICC PUBLICATION 6

5 INCOTERMSreg RULES CHANGES 7

6 WHAT THEY DO COVER 8

7 WHAT THEY DONrsquoT COVER 9

8 INSTITUTE CARGO CLAUSES 10

9 CATEGORIES 11

91 Rules for Any Mode of Transport 11

92 Rules for Sea and Inland Waterway Transport Only 11

10 OBLIGATIONS 12

11 ICC BOOK CATEGORIES 14

12 LEGEND 15

121 Legend for chart 15

122 Legend for remarks 15

13 FREE CARRIER- FCA (named place of delivery) 16

131 FCA Responsibilities 16

132 FCA Checklist 17

133 FCA Remarks 18

134 FCA Case Study 1 19

135 FCA Chart 1 19

136 FCA Case Study 2 20

137 FCA Chart 2 20

138 FCA Case Study 3 21

139 FCA Chart 3 21

1310 FCA Case Study 4 22

1311 FCA Chart 4 22

14 FREE ON BOARD ndash FOB (Named Port of Shipment) 23

141 FOB Responsibilities 23

142 FOB Checklist 24

143 FOB Remarks 25

144 FOB Case Study 1 26

145 FOB Chart 1 26

15 IN CONCLUSION 27

16 AUTHORSrsquo CONTACT DETAILS 28

161 Authorrsquos acknowledgments 28

FOB FCA V1 copy2013 Page | 3

1 SCOPE OF BOOK

This electronic guide to the 2010 version of Incotermsreg rules covers

Description of the FOB and FCA terms

Rules governing use of the terms and what they cover

Buyer and Seller Responsibilities

Rules for International and Domestic contracts of sale

How to use the rules correctly

Risks associated with each term

11 Guide format

The format of this guide has been designed for ease of use Each individual Incotermsreg rule is explained in easy-

to- follow sections

Description

Responsibilities

Checklist

Case studies

Charts

12 Remarks

The guide has a list of remarks divided into 5 categories for each specific Incotermsreg rule This is designed to

allow you to consider the Incotermsreg rules best suited to your requirements

Positives What are the best practices

Concerns When usage is not recommended

Considerations What to consider

Negotiables What to include in your negotiations and contracts

Insurance What to consider with Insurance

13 How to use the E-Guide

This E-guide is recommended to be used in conjunction with the ICC Incotermsreg 2010 rules publication no 715 It

has been intended as a guide only

FOB FCA V1 copy2013 Page | 4

2 AUTHOR

CORINNE CAMPBELL

Corinne Campbell has over twenty-five years international experience in the import and export of goods She

has developed a detailed and comprehensive understanding of international business documentation such as

letters of credit the legislation and international agreements and their generally accepted usage

As the Principal of XDOC Corinne has first hand experience of starting and running a business Corinne is also

the author of the Australian Comprehensive Import Export Manual which is a 132 pages reference manual of

documentation examples and information about Import Export This manual is used in various Colleges and

Business Centres in Australia selling over 1000 copies a year Corinne has also written many publications for

various international organisations

FOB FCA V1 copy2013 Page | 5

3 WHAT ARE INCOTERMSreg RULES

They are International Commercial Terms undertaken by buyers and sellers when delivering goods They provide

buyers and sellers with the basis of determining how certain tasks costs and risks are allocated between the

parties

Under a sale contract the Incotermsreg rules define

Tasks

Costs

Risks

Incotermsreg rules also serve as a useful checklist regarding risks responsibilities and obligations for sellers and

buyers

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 3: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 3

1 SCOPE OF BOOK

This electronic guide to the 2010 version of Incotermsreg rules covers

Description of the FOB and FCA terms

Rules governing use of the terms and what they cover

Buyer and Seller Responsibilities

Rules for International and Domestic contracts of sale

How to use the rules correctly

Risks associated with each term

11 Guide format

The format of this guide has been designed for ease of use Each individual Incotermsreg rule is explained in easy-

to- follow sections

Description

Responsibilities

Checklist

Case studies

Charts

12 Remarks

The guide has a list of remarks divided into 5 categories for each specific Incotermsreg rule This is designed to

allow you to consider the Incotermsreg rules best suited to your requirements

Positives What are the best practices

Concerns When usage is not recommended

Considerations What to consider

Negotiables What to include in your negotiations and contracts

Insurance What to consider with Insurance

13 How to use the E-Guide

This E-guide is recommended to be used in conjunction with the ICC Incotermsreg 2010 rules publication no 715 It

has been intended as a guide only

FOB FCA V1 copy2013 Page | 4

2 AUTHOR

CORINNE CAMPBELL

Corinne Campbell has over twenty-five years international experience in the import and export of goods She

has developed a detailed and comprehensive understanding of international business documentation such as

letters of credit the legislation and international agreements and their generally accepted usage

As the Principal of XDOC Corinne has first hand experience of starting and running a business Corinne is also

the author of the Australian Comprehensive Import Export Manual which is a 132 pages reference manual of

documentation examples and information about Import Export This manual is used in various Colleges and

Business Centres in Australia selling over 1000 copies a year Corinne has also written many publications for

various international organisations

FOB FCA V1 copy2013 Page | 5

3 WHAT ARE INCOTERMSreg RULES

They are International Commercial Terms undertaken by buyers and sellers when delivering goods They provide

buyers and sellers with the basis of determining how certain tasks costs and risks are allocated between the

parties

Under a sale contract the Incotermsreg rules define

Tasks

Costs

Risks

Incotermsreg rules also serve as a useful checklist regarding risks responsibilities and obligations for sellers and

buyers

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 4: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 4

2 AUTHOR

CORINNE CAMPBELL

Corinne Campbell has over twenty-five years international experience in the import and export of goods She

has developed a detailed and comprehensive understanding of international business documentation such as

letters of credit the legislation and international agreements and their generally accepted usage

As the Principal of XDOC Corinne has first hand experience of starting and running a business Corinne is also

the author of the Australian Comprehensive Import Export Manual which is a 132 pages reference manual of

documentation examples and information about Import Export This manual is used in various Colleges and

Business Centres in Australia selling over 1000 copies a year Corinne has also written many publications for

various international organisations

FOB FCA V1 copy2013 Page | 5

3 WHAT ARE INCOTERMSreg RULES

They are International Commercial Terms undertaken by buyers and sellers when delivering goods They provide

buyers and sellers with the basis of determining how certain tasks costs and risks are allocated between the

parties

Under a sale contract the Incotermsreg rules define

Tasks

Costs

Risks

Incotermsreg rules also serve as a useful checklist regarding risks responsibilities and obligations for sellers and

buyers

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 5: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 5

3 WHAT ARE INCOTERMSreg RULES

They are International Commercial Terms undertaken by buyers and sellers when delivering goods They provide

buyers and sellers with the basis of determining how certain tasks costs and risks are allocated between the

parties

Under a sale contract the Incotermsreg rules define

Tasks

Costs

Risks

Incotermsreg rules also serve as a useful checklist regarding risks responsibilities and obligations for sellers and

buyers

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 6: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 6

4 ICC PUBLICATION

The International Chamber of Commerce the world business organisation based in Paris is the global leader in

the development of standards rules and reference guides for international trade

ICC Publications available ICC Business Bookstore wwwiccbookscom

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 7: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 7

5 INCOTERMSreg RULES CHANGES

From 1 January 2011 Incotermsreg rules 2000 have been revised and replaced by Incoterms reg 2010 Some rules

change from Incoterms reg2000 to Incotermsreg 2010 rules

CHANGES from INCOTERMSreg RULES 2000 to INCOTERMSreg 2010 RULES

New Number of

INCOTERMSreg RULES

11 instead of 13

Deleted terms DAF DES DEQ and DDU

New terms added DAT DAP

Terms replaced DAT replaces DEQ

DAP replaces DAF DES and DDU

Change to Transfer of Risk The risk passes when the goods are on-board the vessel and the whole

consignment has been loaded

Evidence of Insurance

requirements for

Evidence of Insurance is only applicable under CIP and CIF terms

Cargo security There is now an obligation to co-operate in order to satisfy cargo

security regimes

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 8: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 8

6 WHAT THEY DO COVER

Obligations of Sellers and Buyers

Which party pays for what

When risk of the goods passes from Seller to Buyer

When delivery occurs

Who is responsible for Insurance

Who is responsible for Export clearance

Who is responsible for Import clearance

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 9: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 9

7 WHAT THEY DONrsquoT COVER

Does not guarantee ownershiptitle to the goods

Does not include payment terms

Does not include payment methods

Does not replace a contract of sale

Incotermsreg rules

should be

incorporated

into your

Contract of Sale

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 10: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 10

8 INSTITUTE CARGO CLAUSES

There is a Marine Insurance obligation only under Incotermsreg rules CIF and CIP

RISKS A Clauses B Clauses C Clauses

Fire or Explosion VesselCraft Being stranded grounded sunk or capsized Overturning or derailment of land conveyance Collision or contact of vessel craft or conveyance with external object

Discharge of cargo at a port of distress Earthquake Volcanic eruption or lightning General Average Sacrifice Jettison Washing Overboard Entry of sea lake or river water into vessel craft hold conveyance container or place of storage Total loss of any package lost overboard or dropped whilst loading on to or unloading from vessel or craft

General Average and Salvage Charges Pirates Thieves and Non-delivery Rough Handling Contamination

Covered = Not Covered or excluded =

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 11: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 11

9 CATEGORIES

Incotermsreg rules 2000 had four categories Incotermsreg 2010 rules has only two categories

Incotermsreg 2010 rules are arranged in two categories as follows

91 Rules for Any Mode of Transport

EXW Ex Works

FCA Free Carrier

CPT Carriage Paid To

CIP Carriage and Insurance Paid

DAT Delivered At Terminal

DAP Delivered At Place

DDP Delivered Duty Paid

92 Rules for Sea and Inland Waterway Transport Only

Not recommended for container shipment

FAS Free Alongside Ship

FOB Free On Board

CFR Cost and Freight

CIF Cost Insurance and Freight

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 12: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 12

10 OBLIGATIONS

Obligations Seller Buyer

Export Licenses Authorizations Security Clearances FCACPTCIPDATDAPFASFOBCFR

CIF

EXW

Assistance in Export EXW FCACPTCPTCIPDATDAPDDP

FASFOBCFRCIF

Contract of Pre main-carriage in Sellerrsquos Country FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Contract of Main Carriage in Sellerrsquos Country CPTCIPDATDAPDDPFOBCFRCIF EXWFCAFAS

Packing cost EXWFCACPTCIPDATDAPDDPFASFOBCFRCIF

Loading goods at agreed place FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Loading goods at TerminalPlace CPTCIPDATDAPCIF FCAFAS

Loading cost FCACPTCIPDATDAPDDPFOBCFRCIF

EXWFCAFAS

Contract of Insurance Obligation CIPCIF

Provide information to obtain insurance EXWFCACPTDATDAPDDPFASFOBCFR

EXWFCACPTCIPDATDAPDDP

FASFOBCIF

Pre main Transport risk FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXWFCA

Main Transport Risk DATDAPDDP EXWFCACPTCIPFASFOBCFR

CIF

Unloading at Terminal Place at Sellerrsquos country CPTCIPDATDAPDDPCFR FCAFAS

Export Duties Taxes and Customs formality costs FCACPTCIPDATDAPDDPFASFOBCFRCIF

EXW

Import Licenses Authorizations Security Clearances DDP EXWFCACPT CIPDATDAPFASFOBCFRCIF

Assistance in Import EXWFCACPTCIPDATDAPFASFOBCFRCIF

DDP

Contract of Carriage in Buyerrsquos Country DATDAPDDP EXWFCACPTCIPDATFASFOBCFRCIF

Unloading goods at agreed place DAT EXWCPTCIPDAPDDPFASFOBCFRCIF

Unloading at Buyer DAT EXWFCACPTCIPDAPDDPFAS

FOBCFR

Unloading costs DAT EXWFCACPTCIPDAPDDPFASFOBCFRCIF

Transport cost in Country of Buyer DATDAPDDP EXWFCACPTCIPDATDAPFASFOBCFRCIF

Final Delivery Document CPTCIPDATDAPDDPFASFOBCFR

CIF

First transport is handled by Seller but if there are more than one transport in Sellerrsquos country then the second

loading is handled by buyer Eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 13: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 13

If agreed terminal is not final destination in Buyerrsquos country Buyer is responsible for subsequent transport If

more than one unloading Buyer unloads

Sellerrsquos cost to agreed place if there is a second final destination Buyerrsquos cost

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 14: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 14

11 ICC BOOK CATEGORIES

The International Chamber of Commerce has defined the Incoterms 2010reg obligations in the following 10

categories

A The Sellerrsquos obligations B The Buyerrsquos obligations

A1 General obligations of the seller B1 General obligations of the buyer

A2 Licences authorizations security clearances and other formalities

B2 Licences authorizations security clearances and other formalities

A3 Contracts of carriage and Insurance B3 Contracts of carriage and Insurance

A4 Delivery B4 Taking delivery

A5 Transfer of risks B5 Transfer of risks

A6 Allocation of costs B6 Allocation of costs

A7 Notice to the buyer B7 Notice to the seller

A8 Delivery document B8 Proof of delivery

A9 Checking ndash Packing ndash Marking B9 Inspection of goods

A10 Assistance with information and related costs B10 Assistance with information and related costs

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 15: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 15

12 LEGEND

Symbols have been used throughout the book for ease of comprehension

121 Legend for chart

SYMBOL MEANING

SYMBOL MEANING

SYMBOL MEANING

AIR

COST

PORT

RAIL

RISK

TERMINAL

ROAD

INSURANCE

PLACE

SEA

SELLERrsquoS NOMINEE

BUYERrsquoS BORDER

OBLIGATIONS

SELLERrsquoS LOGISTICS

OBLIGATIONS

BUYERrsquoS NOMINEE

SELLERrsquoS BORDER

OBLIGATIONS

BUYERrsquoS LOGISTICS

OBLIGATIONS

SELLER

BUYER

122 Legend for remarks

What are the best practices

When usage is not recommended

What to consider

What to include in your negotiations and contracts

What to consider with Insurance

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 16: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 16

13 FREE CARRIER- FCA (named place of delivery)

Seller delivers goods cleared for export (if required) to carrier or other party nominated by the Buyer in the

country of Seller

It can be at Sellerrsquos premises or another named place in the Sellerrsquos country

Recommended for Full Container load (FCL) amp Less Than a Container Load (LCL)Consolidation

Can be used for any mode of transport

131 FCA Responsibilities

RESPONSIBILITY

OF SELLER Pack and mark as agreed and required

Supply goods and documents as agreed

For FCA sellerrsquos premises Seller must load onto transport provided by Buyer

Deliver goods at agreed place within agreed time when not contracted ldquoat sellerrsquos premisesrdquo

Give Buyer sufficient notice that goods have been delivered to agreed point

Advise Buyer if goods have not been collected as agreed

Clear for export if required

RESPONSIBILITY

OF BUYER Give sufficient time for Seller to deliver the goods as agreed

Notify Seller when goods will be collected

Confirm mode of transport

Collect goods as agreed

Clear for import if required

Pay for all transport of goods from named place of delivery agreed with Seller

RISKS Transfer from Seller to Buyer when goods have been delivered to party nominated

by Buyer

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 17: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 17

132 FCA Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

First transport is handled by Seller but if there are more than one transport in Sellerrsquos Country then the second

loading is handled by Buyer eg FCA Sellerrsquos premises or FCA consolidator or Port

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 18: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 18

133 FCA Remarks

Delivery place can be any place point or Port where the goods are being collected

To be used instead of Ex Works when Seller has to provide equipment for loading

Very flexible and versatile term

Appropriate when Seller wants to only handle logistics in Sellerrsquos Country

Risk for Seller in using letter of credit Buyer organises the main carriage therefore

Seller risks non compliance to LC in regards to shipment date

Equivalent charges to FOB

FCA ndash Portairport +including all origin charges to load on board

Specify if any which party insures the goods

Specify precise point of delivery and taking delivery

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

Consider warehouse insurance

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 19: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 19

134 FCA Case Study 1

Scenario Manufacturer of Teddy Bears with own loading facilities and staff in San Francisco USA sells to a toy retailer in New York USA Terms of Sale FCA Teddy Inc 191 Hill Street San Francisco USA Mode of Transport For Main Carriage Rail Type of Trade Domestic Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Domestic tax issues only Import Country Obligations including Duties and Taxes Domestic tax issues only Sellerrsquos Risk Up to delivery on board truck at Sellerrsquos premises San Francisco Sellerrsquos Costs All costs until loaded on board Buyerrsquos truck San Francisco Buyerrsquos Risk From when loaded on board truck at Sellerrsquos premises Buyerrsquos Costs Cost of road transport from Sellerrsquos premises to Rail loading onto train and all main carriage and subsequent transport costs including unloading costs to Buyerrsquos premises

135 FCA Chart 1

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 20: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 20

136 FCA Case Study 2

Scenario Publisher of books in Paris France sells a LCL container shipment of 5 pallets 5M3 measurement to a wholesale book warehouse in Montreal Canada Terms of Sale FCA Le Havre Packing Depot 35 Rue De LrsquoAmour Le Havre France Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos LCL packing depot Le Havre Sellerrsquos Costs All costs up to delivery to Sellerrsquos LCL packing depot Le Havre Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at LCL packing depot Le Havre Buyerrsquos Costs Cost of unloading from Sellerrsquos truck at Sellerrsquos packing depot packing goods into consolidation container loading onto vessel and all subsequent costs to Buyerrsquos premises

137 FCA Chart 2

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 21: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 21

138 FCA Case Study 3

Scenario Grower of bananas in Philippines packs FCL refrigerated container for sale to Hong Kong fruit wholesaler Terms of Sale FCA No 3 Container Terminal Manila Philippines Mode of Transport For Main Carriage Sea (container vessel) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos FCL container terminal (not unloaded) Sellerrsquos Costs All costs up to delivery to Sellerrsquos FCL container terminal Buyerrsquos Risk From receipt and unloading container from Sellerrsquos truck at Sellerrsquos FCL container terminal Buyerrsquos Costs Cost of unloading container from Sellerrsquos truck at Sellerrsquos terminal loading container onto vessel and all subsequent costs to Buyerrsquos premises

139 FCA Chart 3

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 22: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 22

1310 FCA Case Study 4

Scenario Swedish fishing company sells fresh seafood to a hotel in London UK by air freight Terms of Sale FCA ScanFresh Carriers Unit B Air Cargo Terminal Stockholm Airport Sweden Mode of Transport For Main Carriage Air Type of Trade International ndash Free Trade Block (EU) Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery to Sellerrsquos air cargo terminal Sellerrsquos Costs All costs up to delivery to Sellerrsquos air cargo terminal Buyerrsquos Risk From receipt and unloading Sellerrsquos truck at Sellerrsquos air cargo terminal Buyerrsquos Costs Cost of unloading goods from Sellerrsquos truck at Sellerrsquos air cargo terminal loading cargo onto aircraft and all subsequent costs to Buyerrsquos premises

1311 FCA Chart 4

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 23: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 23

14 FREE ON BOARD ndash FOB (Named Port of Shipment)

Seller delivers on board the vessel chosen by Buyer at an agreed port of shipment

To be used only for sea and inland waterway transport

Not advisable for container shipments (because with containers goods are handed over to carrier before being

loaded)

141 FOB Responsibilities

RESPONSIBILITY

OF SELLER Deliver goods on board vessel nominated by Buyer or procure goods already

delivered for shipment (commodity trade)

Deliver goods within the agreed dates

Notify Buyer of delivery on board vessel

Export clearance

Bear cost of risks up to delivery in the vessel

RESPONSIBILITY

OF BUYER Arrange vessel and dates of shipment

Pay for main carriage

Advise Seller of vessel details with enough notice

Import clearance

RISKS Risks transferred from the Seller to the Buyer when the goods are on board the

vessel

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 24: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 24

142 FOB Checklist

Obligations Seller Buyer

Provide Commercial Documents

Export Licenses Authorizations Security Clearances amp other formalities

Assistance in Export

Contract of Pre main-carriage in Sellerrsquos Country

Contract of Main Carriage in Sellerrsquos Country

Packing ndash Marking

Packing cost

Loading goods at agreed place

Loading goods at TerminalPlace

Loading cost

Contract of Insurance Obligation

Provide information to obtain insurance

Pre main Transport risk

Main Transport risk

Unloading at Terminal Place at Sellerrsquos country

Export Duties Taxes and Customs formality costs

Import Licenses Authorizations Security Clearances amp other formalities

Assistance in Import

Contract of Carriage in Buyerrsquos Country

Unloading goods at agreed place

Unloading at Buyer

Unloading costs

Taking delivery

Transport cost in Country of Buyer

Final Delivery Document

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 25: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 25

143 FOB Remarks

If using containers FCA is more appropriate

Ideal for Break and bulk shipments as cargo is loaded directly onto the ship

If goods get damaged before being loaded on board the vessel Seller is responsible

If goods are lost at sea Buyer is responsible

FOB Not to be used for roadrailair transport FCA more appropriate

Risk for Seller in using letter of credit As Buyer organises the main carriage Seller

risks non compliance to LC (Letter of Credit) in regards to shipment date

Not recommended for containers as Seller delivers the goods to port but has NO

control to load onto vessel

Can be used for multiple sales down a chain and in ldquostring salesrdquo ndash Common in

Commodity Trading

Agree on which party if any arranges marine insurance

Both parties have an obligation to provide information to enable other party to

arrange marine insurance

Consider covering pre and post shipment risk

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 26: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 26

144 FOB Case Study 1

Scenario A wheat export trading company has regular bulk shipments to Kuwait Goods are loaded at grain terminal onto bulk carriers at the Port of Geraldton WA Australia Terms of Sale FOB Wheat Terminal Geraldton WA Australia Mode of Transport For Main Carriage Sea (Bulk Carrier) Type of Trade International Insurance Obligations Nil for Buyer and Seller If agreed specify in contract of sale which party insures the

goods

Export Country Obligations including Duties and Taxes Seller Import Country Obligations including Duties and Taxes Buyer Sellerrsquos Risk Up to delivery on board vessel in Sellerrsquos Country Sellerrsquos Costs All costs up to delivery on board vessel in Sellerrsquos Country Buyerrsquos Risk From receipt of wheat on board vessel in Sellerrsquos country Buyerrsquos Costs Cost from receipt of wheat on board vessel in Sellerrsquos Country and all subsequent costs to Buyerrsquos

premises

145 FOB Chart 1

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 27: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 27

15 IN CONCLUSION

When choosing an Incotermsreg rule remember

That the Incotermsreg rules are not the main contract

To state the Incotermsreg rule in your sales contract

To analyse your costing in relation to the Incotermsreg rule you are using

To look at your method of payment in conjunction with your choice of Incotermsreg rules

To make sure your logistics chain has been catered for

To make sure you understand the Country regulations

To make sure you have considered Tax issues

To be aware of licences obligations

To make sure the rules can be legally used in both Countries of trade

To discuss your transport Insurance

To consider your liability Insurance

To consider the Incotermsreg rules according to your mode of transport

To ensure your staff understands the Incotermsreg rules

To purchase the ICC Incotermsreg 2010 rules book (ICC publication no 715)

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons

Page 28: FOB / FCA V1xdoc.com.au/wp-content/uploads/2013/07/FOB-FCA.pdfDischarge of cargo at a port of distress Earthquake, Volcanic eruption or lightning General Average Sacrifice Jettison

FOB FCA V1 copy2013 Page | 28

16 AUTHORSrsquo CONTACT DETAILS

Details of the publishers of IMPORTEXPORTMADEEASYCOM

Corinne Campbell Founder Email Web Forum

corinnecampbellxdoccomau wwwxdoccomau wwwxdoccomauforum

161 Authorrsquos acknowledgments

Roland Killick for tireless technical support and editing

Various International Departments of Banks Freight Forwarders and service providers for their invaluable insight

Adam Ruspandini of Hills Media amp Design (wwwHillsmediacomau) for designing our unique remarks buttons