Logistics - a complex but highly profitable business.For beginners it is necessary not easy, since most of the entire industry is already occupied by "veterans" who had long made his name known among customers.The only way to achieve success in this field is a strict adherence to treaties and rules to all potential customers to check the reliability of your company.
is particularly important in this regard, the condition of delivery FCA, the quality of performance which can safely draw conclusions about the qualifications of the firm.If you do not know what all this is, it's time to consider this issue in detail.
What is it?
FCA (Free Carrier) - it is a condition of supply, in which virtually the entire carriage is responsible buyer.He can choose the transportation and use of its delivery channels, to enter into contracts for the supply of goods.This delivery on FCA and different from all the standard methods of transport, taken in our country and around the world.
seller fulfills its obligations, provided that the following conditions are met:
- Once it was satisfied the customs export clearance.
- If the goods have been delivered to the next carrier, which has been specified by the buyer.
- Upon delivery to the place specified in the contract.
That is the condition for the delivery FCA.Theoretically, the main responsibility lies with the buyer, but in practice it turns out a little differently.
is very important to the specified location, as from this point in the contract depends largely on the parties' obligations.So, if you plan to start loading in the territory of the supplier, the latter bears full responsibility for it.On the contrary, if the goods are beginning to ship in any other place, the seller itself shall not be liable.But!This is true only if some other conditions of delivery (FCA) have been pre-specified in the contract.
Specific conditions
Usually, in practice, all of these conditions significantly concretized.Be sure to indicate the type of vehicle, its capacity, other characteristics.In the case where the initial point of loading the goods is not enough for a full load transport, the buyer has the right to contract with the supplier to change the route for the purpose of entry into some other location, calling at a port for the work load consolidation and minimizing losses from the empty flight.
This is particularly important in the context of maritime transport, where every unplanned advance docked at the port is fraught with serious costs.However, in our country are not less stringent and conditions of supply rail.
That's what FCA-delivery terms, in relation to the practical conditions.
As a person who is responsible for the acceptance of the goods, the buyer may appoint a representative.Note that the delivery of goods to the mediator, who was appointed by the purchaser, all obligations of the supplier considered to be fully executed.Again, if other provisions were not previously included in the contract.At this point, you should pay special attention, because this loophole often used by unscrupulous suppliers and buyers.
Other options
Almost every terms of delivery FCA can be performed regardless of the mode of transport in the form of international traffic, in which case it is necessary in advance to find the agreement on international as transport answers to the following questions:
- How and on what basis will be shipped to the buyer?
- What will be the liability of the carrier in case he would have to cross the borders of other states?
- To what exactly the border will be imposed the responsibility directly on the carrier?
important nuances
There are some points that are very important to clarify in advance near the Seller or its forwarding agent.This is especially true characteristics of the goods transported direct.In addition, often need to clarify the scope of cargo, its weight characteristics and demands on the conditions of transport.This delivery on FCA does not differ from other logistics operations.
Of course, the seller must in time and upon request provide information about where and when the loading will be carried out.Parties in a timely manner is crucial to agree on the type of vehicle, as well as the weight of a shipment (which is especially important when supplies are parties).Deadline better coordinate transportation not only on a particular day, and specifying the exact start time of loading.
As a rule, the contract is entered into a condition in which in case of non-precision transport supply agreement may be terminated by any of the parties unilaterally.
For the transfer of all the data that are necessary for proper clearance of customs inspections and other documents that meet both parties in proportion to their participation in transportation.
What should be the real supply agreement?
To the article was informative as possible, let us give an example of those items have to be in a typical supply agreement.Of course, it should be considered as standard conditions on which all this will be based.This supply contract on FCA are in most cases the interest, if the parties are in the conventional manner.
Immediate delivery conditions
Firstly, at this point should be an indication of when, and under what circumstances responsible for the goods passes to the buyer (usually the transfer of its representative or loading his trucks).For the date of the delivery or acceptance is received stamp in railway, ship (or other) invoice, stamped and / or signed by the authorized representative of the buyer.
must be stipulated period within which the goods sent to the buyer.As a rule, this term is approximately five calendar days from the date of the money transferred to the account or the transfer of cash to the seller.
If goods should arrive parties need to paint the delivery schedule, specifying the type of vehicle for each (if loads - different types).The buyer must send a certified supplier schedule no earlier than 20 days before the start of deliveries (may be different).Further, upon agreement of the parties schedule can be altered at any stage.
If the desire of the buyer, the supplier itself can agree on a schedule and route, but the responsibility is entirely borne by the customer.This delivery of goods on FCA is different from the standard types of contracts.
What data is required to provide the purchaser?
Typically, the buyer shall not less than 10 days before the start of deliveries of the supplier to provide the following list of required data:
- name and the amount of cargo that must be sent.
- Complete and abbreviations consignees.
- their full addresses.Attention!If the house is not apartments, it has to be said further.
- also needed codes consignees.
- If you plan to service the railway station, their codes also have to be listed separately.
- Again, for the supply of rail need to specify the number of access roads.
- Other information that will help the carrier in time to deliver the goods paid.
If the buyer does not provide such information?
In that case, the contract must have item provides for the suspension of deliveries to the receipt of all necessary information.If you have to return the vehicles, all the costs are also borne by the buyer.When handing over the goods the customer has not provided a certificate of quality, given to him sending up to five days.
procedure for the transfer of cargo delivered
most commonly entered for acceptance of the goods used waybill on Form 12-№TORG.She has to be signed by the materially responsible persons of both parties to the contract, and assured them seals.In addition, representatives of the buyer and the supplier must be present at the time of acceptance.If it is not, all the shortcomings will be paid by the party whose representative was not.
some information to address the claims
Claims divergence amount paid for the goods with the actual volume of its discharge point are not accepted if the losses are within the natural attrition fixed for this cargo to visit.In this case, receiving the documents indicate the amount of cargo that was originally paid.
says the same thing, and company founder FCA, «Incoterms 2000».Delivery conditions are such that the two sides should maintain an independent accounting of the shipped goods.If you plan many months of supply, the reports often are reconciled first of each month.
Acts of reconciliation should be adopted by the parties not later than five days from the date set for the inspection.If the data delivery does not match may complete cessation of supplies to clarify all details.Where the disagreement can not be resolved, the parties can agree on a premature rupture of the contract.
information about the possible termination of
If payment is not received in the period which had been prescribed in the contract, the supplier has the right not to supply pre-notifying the customer.When the latter will receive the notice, the contract shall be deemed officially terminated.
In the case where there is such a clause in the contract, the buyer can not use the goods for other purposes.If so, the provider again should send a formal notification.As in the previous case, with the receipt of the documents to the buyer the contract will be terminated.In the case where the total volume of goods is not delivered for reasons beyond the control of the buyer, the supplier again, may terminate the contract unilaterally.Again, you need a special notice to the customer.It is - mandatory conditions of delivery FCA (what it is, we have seen).
Any party whose fault foiled delivery, is obliged to reimburse all costs.If any, established by the agreement, the possibility of charging interest for each day of penalty after the period to which the contracting party was required to pay.Important!Payment of penalty and interest on the contract does not relieve the party from the provision of goods or acceptance of post-paid.
situations of force majeure nature
aware that any terms of delivery FCA may not be executed if the contracting party proves that the failure was caused by factors that are beyond its competence, that it was impossible to foresee (force majeure).
To those cases equate all disasters and epidemic (as well as epizootic) suddenly change the political situation, accidents or terrorist attacks on transport infrastructure;Resolution of regional authorities, which make it impossible to fulfill contractual obligations.
If you give a specific example, many agricultural producers once massively violated the terms of delivery FCA: 2010 year was extremely unfortunate, but because the losses were many millions.
Any party that refers to the force majeure shall notify not later than within two days from the occurrence of such obligations, pre-assuring documents in any territorial office of the Chamber of Commerce of the Russian Federation.If these circumstances continue for more than three months, any of the parties to the contract may refuse to perform its obligations, after notifying the partner and paid for the goods delivered.
how to resolve disputes between the parties?
If the parties supply disputes, then they should be solved through negotiations.In the event that an agreement is impossible, they should seek the help of the Court of Arbitration.All disputes must be addressed there in compliance with the claim procedure.
Here we examined the terms of delivery FCA.This means that from now on you have an important presentation on this method of delivery, which every year becomes more and more popular.
