FAS-Free Alongside Ship-(named port of shipment)

 

"Free Alongside Ship" means that the seller fulfils his obligation to deliver when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment.

The FAS term requires the buyer to clear the goods for export. It should not be used when the buyer cannot carry out directly or indirectly the export formalities.

This term can only be used for sea or inland waterway transport.

A. The seller must

A.1. Provision of goods in conformity with the contract

Provide the goods and the commercial invoice, or its equivalent electronic message, in conformity with the contract of sale and any other evidence of conformity which may be required by the contract.

A.2. Licences, authorisations and formality

Render the buyer, at the latter's request, risk and expense, every assistance in obtaining

any export licence or other official authorisation necessary for the exportation of the goods.

A.3. Contract of carriage and insurance

a) Contract of carriage

No obligation.

b) Contract of insurance

No obligation.

A.4. Delivery

Deliver the goods alongside the named vessel at the loading place named by the buyer at the named port of shipment on the date or within the period stipulated and in the manner customary at the port.

A.5. Transfer of risks

Subject to the provisions of B.5., bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A.4.

A.6. Division of Costs

Subject to the provisions of B.6., pay all costs relating to the goods until such time as they have been delivered in accordance with A.4.

A.7. Notice to the buyer

Give the buyer sufficient notice that the goods have been delivered alongside the named vessel

A.8. Proof of delivery, transport document or equivalent electronic message

Provide the buyer at the seller's expense with the usual document in proof of delivery of the goods in accordance with A.4.

Render the buyer at the latter's request, risk and expense, every assistance in obtaining a transport document (for example, a negotiable bill of lading a non-negotiable sea waybill, an inland waterway document).

When the seller and the buyer have agreed to communicate electronically the document referred to in the preceding paragraphs may be replaced by an equivalent electronic data interchange(EDI) message.

A.9. Checking-packaging-marking

Pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of placing the goods at the disposal of the buyer.

Provide as his own expense packaging (unless it is usual for the particular trade to ship the goods of the contract description unpacked) which is required for the transport of the goods. to the extent that the circumstances relating to the transport (e.g. modalities. destination) are made known to the seller before the contract of sale is concluded,

Packaging is to be marked appropriately

A.10. Other obligations

Render the buyer at the latter's request, risk and expense, every assistance in obtaining any documents or equivalent electronic messages (other than those mentioned in A.8.) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the exportation and/or importation of the goods and. where necessary, for their transit through another country.

Provide the buyer, upon request, with the necessary information for procuring insurance.

B. The buyer must

B.1. Payment of the price

Pay the price as provided in the contract of sale.

B.2. Licences, authorisations and formalities

Obtain at his own risk and expense any export and import licence or other official authorisation and carry out all customs formalities for the exportation and importation of the goods and, where necessary, for their transit through another country.

B.3. Contract of carriage

Contract at his own expense for the carriage of the goods from the named port of shipment.

B.4. Taking delivery

Take delivery of the goods in accordance with A.4.

B.5. Transfer of risks

Bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with A.4.

Should he fail to fulfil his obligations in accordance with B.2., bear all additional risks of loss of or damage to the goods incurred thereby and should he fail to give notice in accordance with B.7.. or should the vessel named by him fail to arrive on time, or be unable to take the goods, or close for cargo earlier than the stipulated time, bear all risks of loss of or damage to the goods from the agreed date or the expiry date of the period stipulated for delivery provided however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.

B.6. Division of costs

Pay all costs relating to the goods from the time they have been delivered in accordance with A.4.

Pay any additional costs incurred, either because the vessel named by him has failed to arrive on time, or will be unable to take the goods, or will close for cargo earlier than the stipulated time, or because the buyer has failed to fulfil his obligations in accordance with B.2., or to give appropriate notice in accordance with B.7. provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods.

Pay all duties, taxes and other official charges as well as the costs of carrying out customs formalities payable upon exportation and importation of the goods and where necessary, for their transit through another country.

Pay all costs and charges incurred by the seller in rendering assistance in accordance with A2.

B.7. Notice to the seller

Give the seller sufficient notice of the vessel name, loading place and required delivery time.

B.8. Proof of delivery transport document or equivalent electronic message

Accept the proof of delivery in accordance with A.8.

B.9. Inspection of goods

Pay unless otherwise agreed, the costs of pre-shipment inspection (including inspection mandated by the authorities of the country of exportation).

B.10. Other obligations

Pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A.10. and reimburse those incurred by the seller in rendering his assistance in accordance therewith