FREE ALONGSIDE SHIP (…named port of shipment)
“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all costs and risks of loss or of damage to the goods from that moment.
The FAS term requires the seller to clear the goods for export.
But, if the parties wish the buyer to clear the goods for export, this should be made clear by adding explicit wording to this effect in the contract of sale.
This term can be used only for sea or inland waterway transport.
A THE SELLER`S OBLIGATIONS
A1 Provision of goods in conformity with the contract
The seller must 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.
A2 Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or other official authorization and effect, where applicable, all customs formalities necessary to export the goods.
A3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b)Contract of insurance
No obligation
A4 Delivery
The seller must place the goods alongside the vessel nominated by the buyer at the loading place named by the buyer at the named port of shipment on the date or within the agreed period and in the manner customary at that port.
A5 Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.
A6 Division of costs
The seller must, subject to the provisions of B6, pay
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A7 Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered alongside the nominated vessel.
A8 Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller`s expense with the usual proof of delivery of the goods in accordance with A4.
Unless the document referred to is the transport document, the seller must assist the buyer, at the buyer`s request, risk and expense, in obtaining a transport document for the contract of carriage (a negotiable bill of lading, a non-
When the seller and the buyer have agreed to communicate electronically, the document referred to may be replaced by an equivalent electronic data interchange (EDI) message.
A9 Checking-
The seller must pay the costs of those checking operations such as checking quality, measuring, weighing etc., which are necessary for the purpose of delivering the goods
The seller must provide at his own expense packaging which is required for the transport of the goods, to the extent that the circumstances relating to the transport such as `modalities`, `destination` etc., are advised to the seller before the conclusion of the contract of sale. Packaging is to be marked appropriately.
A10 Other obligations
The seller must render the buyer at the buyer`s request, risk and expense, every assistance to obtain documents or equivalent electronic messages (other than those mentioned in A8) issued or transmitted in the country of shipment and/or of origin which the buyer may require for the import of the goods and, where necessary, for their transit via any country.
The seller must provide the buyer, upon request, with the necessary information for insurance purposes.
B THE BUYER`S OBLIGATIONS
B1 Payment of the price of the goods
The buyer must pay the price of the goods as agreed in the contract of sale.
B2 Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or other official authorization and fulfill, where applicable, all customs formalities for the import of the goods and for their transit through any country.
B3 Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named port of shipment.
b) Contract of insurance
No obligation.
B4 Taking delivery of the goods
The buyer must take delivery of the goods when they have been delivered in accordance with A4.
B5 Transfer of risks
The buyer must bear all risks of loss or damage to the goods from the time they have been delivered in accordance with A4; and from the agreed date or the expiry date of any period fixed for delivery which arise because he fails to give notice in accordance with B7, or because the vessel nominated by him fails to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, provided that the goods have been duly appropriated to the contract, i. e. clearly set aside or otherwise identified as the contract goods.
B6 Division of costs
The buyer must pay :
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B7 Notice to the seller
The buyer must give the seller sufficient notice of the vessel name, loading port and required delivery time.
B8 Proof of delivery, transport document or equivalent electronic message
The buyer must accept the proof of delivery in accordance with A8.
B9 Inspection of the goods
The buyer must pay the costs of any pre-
B10 Other obligations
The buyer must pay all costs and charges incurred in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse costs and charges paid by the seller in assisting him in accordance therewith.