Information International rules and organizations Incoterms 2010 [iNKOTERMS 2010] FAS - Free Alongside Ship

FAS

INCOTERMS 2010

FREE ALONGSIDE SHIP [... named port of shipment ]
FREE ALONG THE BOARD [... named port of shipment]

This term is to be used only for maritime and inland waterway transport.
"Free alongside ship" means that the seller is deemed to have fulfilled his obligation to deliver when the goods are placed alongside the ship nominated by the buyer (i.e. on a quay or barge) at the agreed port of shipment. The risk of loss or damage to the goods passes when the goods are placed along the side of the vessel and from that moment the buyer bears all costs.
The parties are advised to identify as precisely as possible the point of loading at the named port of shipment, as the costs and risks up to that point are borne by the seller, and such costs and associated handling costs may vary according to the practice of the port.
The seller is obliged to deliver the goods either by placing them along the side of the vessel or by making available the goods so delivered for loading. The reference to the obligation to "provide" takes into account the many chain sales that are often used in commodity trading.
When placing goods in containers, it is typical for the seller to transfer the goods to the carrier at the terminal, and not by placing along the side of the ship. In such situations, the use of the term FAS is inappropriate and the term FCA should be used.
FAS requires the seller to complete customs formalities for export, if applicable. However, the seller is not required to carry out import customs formalities, pay import duties or carry out other import customs formalities.

RESPONSIBILITIES OF THE SELLER

BUYER'S RESPONSIBILITIES

A.1. General obligations of the seller

B.1. General obligations of the buyer

The seller is obliged, in accordance with the contract of sale, to provide the buyer with the goods, the commercial invoice, as well as any other evidence of compliance of the goods with the terms of the contract of sale, which may be required by the terms of the contract.
Any document referred to in paragraphs A1-A10 may be replaced by an equivalent electronic record or procedure if agreed by the parties or is customary.

The buyer is obliged to pay the price of the goods, as stipulated in the contract of sale.
Any document referred to in paragraphs B1-B10 may be in the form of an equivalent electronic record or other procedure if agreed by the parties or is customary.

A.2. Licenses, permits, security controls and other formalities

B.2. Licenses, permits, security controls and other formalities

If required, the seller must, at his own risk and expense, obtain an export license or other official authorization and carry out all customs formalities necessary for the export of the goods.

If required, the buyer must obtain, at his own expense and risk, an import license or other official authorization and carry out all customs formalities necessary for the importation of the goods and their transportation through any country.

A.3. Contracts of carriage and insurance

B.3. Contracts of carriage and insurance

a) Contract of carriage
The seller has no obligation to the buyer to conclude a contract of carriage. However, at the request of the buyer, or if it is commercial practice and the buyer does not promptly instruct otherwise, the seller may, at the expense and risk of the buyer, contract for carriage on normal terms. In any case, the seller may refuse to conclude a contract of carriage by notifying the buyer without delay.
b) Insurance contract
The seller has no obligation to the buyer to conclude an insurance contract. However, the seller is obliged to provide the buyer, at his request, at his risk and at his expense (if any), with the information necessary for the buyer to obtain insurance.

a) Contract of carriage
The buyer must, at his own expense, contract for the carriage of the goods from the named port of shipment, unless the contract of carriage is made by the seller as set out in A3 a);
b) Insurance contract
The buyer has no obligation to the seller to conclude an insurance contract.

A.4. Supply

B.4. Delivery Acceptance

The seller must deliver the goods either by placing alongside the ship nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment, or by procuring the goods so delivered. In either case, the seller is obliged to deliver the goods on the agreed date or within the agreed period in accordance with the customs of the port.
If no particular place of loading is indicated by the buyer, the seller may choose, at the named port of shipment, the place most suitable for his purposes. If the parties agree that delivery will take place within a certain period, the buyer may choose a date within that period.

The buyer must take delivery of the goods as soon as they have been delivered in accordance with A4.

A.5. Transfer of risk

B.5. Transfer of risk

The seller bears all risks of loss or damage to the goods until they have been delivered in accordance with paragraph A4, except for the risks of loss or damage in the circumstances specified in paragraph B5. .

The buyer bears all risks of loss of or damage to the goods that may arise from the moment of delivery in accordance with paragraph A4.
If:
a) the buyer fails to provide notice in accordance with paragraph B7, or
b) the ship nominated by the buyer did not arrive on time, or did not receive the goods, or closed the loading earlier than the time notified in accordance with paragraph B7;
the buyer bears all risks of loss of or damage to the goods from the agreed date or from the date of expiration of the agreed period, provided that the goods have been clearly identified as the goods that are the subject of the contract.

A.6. Cost allocation

B.6. Cost allocation

The seller must pay:
(a) all costs relating to the goods up to the time of delivery in accordance with paragraph A4, with the exception of costs payable by the buyer, as provided in paragraph B6; And
b) if required, the costs of customs formalities payable upon exportation of the goods, as well as any duties, taxes and other costs payable upon exportation.

The buyer is obliged to pay:
a) all costs relating to the goods from the time they are delivered, as provided in paragraph A4, except, if necessary, the costs of carrying out customs formalities for the export of the goods, as well as all taxes, duties and fees payable on the export of the goods, as provided in paragraph A6 b);
b) all additional costs resulting from:
i) the buyer fails to give due notice in accordance with paragraph B7, or
ii) that the ship nominated by the buyer did not arrive on time, or was unable to receive the goods, or stopped taking delivery of the goods before the time specified in paragraph B7,
provided that the goods have been explicitly individualized as the goods that are the subject of the contract.
c) if required, all the costs of paying taxes, duties and other official charges, as well as for the implementation of customs formalities payable upon importation of the goods, and the costs of transporting them through any country.

A.7. Buyer Notices

B.7. Seller notices

The seller must, at the expense and risk of the buyer, give him sufficient notice either that the goods have been delivered in accordance with A4 or that the ship has not taken delivery of the goods within the agreed period.

The buyer must give the seller proper notice of the name of the ship, the place of loading and, if necessary, the chosen moment of delivery within the agreed period.

A.8. Delivery Document

B.8. Proof of delivery

The seller must, at his own expense, provide the buyer with the usual proof that the goods have been delivered in accordance with A4.
If such proof is not a transport document, the seller must, at the buyer's request, at his expense and risk, assist him in obtaining the transport document.

The buyer must accept the proof of delivery provided as provided in paragraph A8.

A.9. Inspection, packaging, labeling

B.9. Goods Inspection

The seller must bear all costs associated with the verification of the goods (quality control, measurement, weighing, counting) necessary for the delivery of the goods in accordance with paragraph A4, as well as the costs of pre-shipment inspection of the goods, which is prescribed by the authorities of the country of export.
The seller is obliged at his own expense to ensure the packaging of the goods, except in cases where it is customary in the given branch of trade to ship the goods specified in the contract without packaging. The seller may pack the goods in such a way as is necessary for their carriage, unless the buyer notifies the seller of specific packaging requirements prior to the conclusion of the contract. The labeling of the packaged goods must be carried out properly.

The buyer is obliged to bear the costs of mandatory inspection of the goods before shipment, unless such inspection is carried out under the instructions of the authorities of the country of export.

A.10. Assistance in obtaining information and related costs

B.10. Assistance in obtaining information and related costs

If required, the seller must promptly provide the buyer or assist the buyer in obtaining, at the buyer's request, at his risk and expense, documents and information, including security information, that the buyer may need to import the goods and / or transport them to the final destination. destination.
The seller must reimburse the buyer for all costs and fees incurred by the buyer in obtaining or assisting in obtaining documents and information as provided in paragraph B10.

The buyer must notify the seller of the security information requirements in a timely manner so that the seller can act in accordance with paragraph A10.
The buyer must reimburse the seller for the costs and fees incurred by him in providing or facilitating the receipt of documents and information, as provided in paragraph A10.
If required, the buyer must promptly provide the seller or assist the seller in obtaining, at the seller's request, at his own risk and expense, documents and information, including security information, that the seller may need to transport, export the goods and for their transportation through any country.

 
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