一、FAS Terminology Introduction
FAS trade termsFree alongside ship (......Named port of shipment)
FAS trade termsFree alongside ship (......Named port of shipment)
FAS means that the seller delivers the goods alongside the ship at the designated port of shipment, that is, the delivery is completed。The buyer must bear all risks of loss of or damage to the goods from that time。FAS requires the seller to go through the export clearance formalities。
This is in contrast to the previous version, which required the buyer to arrange for export procedures。However, if the parties wish the buyer to go through the export formalities, it needs to be clearly stated in the sales contract。The term applies only to sea or inland waterway transport。
A Seller's obligations
B Buyer's Obligations
A1 Supply the goods in accordance with the contract
The Seller must provide the goods in conformity with the Contract of Sale and the commercial invoice or equivalent electronic message, as well as any other proof of conformity that may be required by the contract。
B1 Payment of price
The buyer must pay the price in accordance with the sales contract。
A2 Permits, other permits and procedures
The seller must, at his own risk and expense, obtain any export license or other official permission and, if necessary, complete all customs formalities necessary for the export of the goods。
B2 Licenses, other permits and procedures
The buyer must, at his own risk and expense, obtain any import license or other official permission and, where necessary, complete all customs formalities necessary for the importation of the goods and their transit from another country。
A3 Contracts of carriage and insurance
a) No obligation under the contract of carriage。
b) No obligation under the insurance contract。
B3 Transport contract and insurance contract
a) Contract of carriage The Buyer must, at his own expense, conclude a contract for the carriage of the goods from the named port of loading。
b) No obligation under the insurance contract。
A4 delivery
The Seller must deliver the goods at the loading port designated by the Buyer, at the loading place designated by the Buyer, within the agreed date or period, in the customary manner at that port, alongside the vessel designated by the Buyer。
B4 Take delivery of goods
The Buyer must take delivery of the goods upon delivery by the Seller in accordance with A4。
A5 Risk transfer
Except as provided in B5, the Seller shall bear all risks of loss or damage to the goods until delivery has been made in accordance with A4。
B5 Risk transfer
The Buyer shall bear all risks of loss of or damage to the goods as follows:
From the time of delivery in accordance with A4;And due to the Buyer's failure to notify the Seller in accordance with B7，Or its designated vessel does not arrive on time，Or did not receive the goods，Or stop loading earlier than the time notified in accordance with B7，From the expiry of the agreed delivery date or period，However, such goods have been allocated under the contract，To the extent that they are expressly reserved or otherwise identified as the goods under the Contract。
A6 Cost division
Except as provided in B6, the Seller must pay all expenses in connection with the goods until delivery has been made in accordance with A4;When it is necessary to go through customs formalities, the customs formalities payable and customs duties, taxes and other fees payable for the export of goods。
B6 Cost division
The buyer must pay all costs associated with the delivery of the goods in accordance with A4;And because the vessel designated by the buyer did not arrive on time，Or fail to load the goods or stop loading earlier than the time specified in the B7 notice，Or any additional costs incurred as a result of the Buyer's failure to give corresponding notice to the Seller in accordance with B7，However, the goods have been duly assigned to the contract，To the extent that they are clearly marked out or otherwise identified as the goods under the contract;And when customs formalities are required，All duties, taxes and other charges payable on the importation of goods，And customs fees，And the cost of transit from another country。
A7 Notify the buyer
The seller must give the buyer sufficient notice that the goods have been delivered alongside the named vessel。
B7 Notify the seller
The buyer must give the seller adequate notice of the name of the vessel, the point of shipment and the required time of delivery。
A8 Delivery documents, transport documents or equivalent electronic messages
The Seller must provide to the Buyer, at his own cost, usual documents evidencing delivery in accordance with A4。
Unless the documents referred to in the preceding paragraph are transport documents, the seller must, at the Buyer's request and at his risk and expense, give the Buyer every assistance in obtaining transport documents (e.g. negotiable bills of lading, non-negotiable sea waybills, inland waterway transport documents).。
If the buyer and seller agree to communicate electronically, the documents referred to in the preceding paragraph may be replaced by an equivalent electronic Data interchange (EDI) message。
B8 Delivery certificate, transport document or equivalent electronic message
The Buyer must accept the delivery document provided in accordance with A8。
A9 Check, pack and mark
The Seller must pay the cost of checking the goods (e.g. checking the quality of the goods, measuring, weighing, counting) for delivery in accordance with A4.。
The Seller must, at its own cost, provide the packing required for the transport of the goods (e.g. mode of transport, port of destination) known to the Seller prior to the conclusion of the Contract of Sale (unless the goods under the contract are shipped without packing in accordance with relevant industry practice)。Packages should be properly marked。
B9 Goods inspection
The buyer must pay the cost of any pre-shipment inspection, except for inspections mandated by the relevant authorities of the exporting country。
A10 Other obligations
At Buyer's request and at Buyer's risk and expense，The seller must render every assistance to the buyer，To assist the Buyer in obtaining any documents issued or transmitted by the country of shipment and/or the country of origin that may be required by the Buyer for the import of the goods or for transit from another country or equivalent electronic messages (other than those listed in A8)。
At the request of the Buyer, the seller must provide the Buyer with the information required for insurance。
B10 Other obligations
The Buyer must pay all costs incurred in obtaining documents or equivalent electronic messages referred to in A10 and reimburse the Seller for the costs incurred in providing assistance。
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