FAS - FREE ALONGSIDE SHIP Responsibilities

A	The Seller Must	B	The Buyer Must
A1	Provision of Goods in Conformity with the Contract The seller must provide the goods and the commercial invoice, or its equivalent message, in conformity with the contract of sale and an other evidence of conformity which may be required by the contract.	B1	Payment of the Price The buyer must pay the price as provided in the contract of sale.
A2	Licenses, Authorizations and Formalities The seller must obtain at its own risk and expense any export licence or other official authorisation and carry out, where applicable, all customs formalities necessary for the export of the goods.	B2	Licenses, Authorizations and Formalities The buyer must obtain at its own risk and expense any import licence or other official authorisation and carry out, where applicable, all customs formalities for the import of the goods and for their transit through any country.
A3	Contract of Carriage and Insurance (a) Contract of carriage No obligation. (b) Contract of insurance No obligation.	B3	Contract of Carriage and Insurance (a) Contract of carriage The buyer must contract at its own expense for the carriage of the goods from the named port of shipment. (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 the port.	B4	Taking Delivery The buyer must take delivery f the goods when they have been delivered in accordance with A4.
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.	B5	Transfer of Risks The buyer must bear all risk of loss of or damage to the goods From the time they have been delivered in accordance with A4; and From the agreed date or the expiration date of the agreed period for delivery which arise because it fails to give notice in accordance with B7, or because the vessel nominated by it 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, 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.
A6	Division of Costs The seller must, subject to the provisions of B5, pay All costs relating to the goods until such time as they have been delivered in accordance with A4; and Where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon export.	B6	Division of Costs The buyer must pay: All costs relating to the goods from the time they have been delivered in accordance with A4, and Any additional costs incurred, either because the vessel nominated by it has failed to arrive on time, or is unable to take the goods, or closes for cargo earlier than the time notified in accordance with B7, or because the buyer has failed to give appropriate notice in accordance with B7 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; and Where applicable, all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country.
A7	Notice to the Buyer The seller must give the buyer sufficient notice that the goods have been delivered alongside the nominated vessel.	B7	Notice to the Seller The buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.
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 wiht A4. Unless the document referred to in the preceding paragraph is the transport document, the seller must render the buyer at the buyer's request, risk and expense, every assistance in obtaining a transport document (for example a negotiable bill of lading, an inland waterway document, a non-negotiable sea waybill). 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.	B8	Proof of Delivery, Transport Document or Equivalent Electronic Message The buyer must accept the proof of delivery in accordance with A8.
A9	Checking - Packaging - Marking The seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for the purpose of delivering the goods in accordance with A4. The seller must provide at its 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 (for example modalities, destination) are made known to the seller before the contract of sale is concluded. Packaging is to be marked appropriately.	B9	Inspection of Goods The buyer must pay the costs of any pre-shipment inspection, except when such inspection is mandated by the authorities of the country of export.
A10	Other Obligations The seller must render the buyer at the buyer’s request, risk and expense, every assistance in obtaining any documents or equivalent electronic message (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 through any country. The seller must provide the buyer, upon request, with the necessary information for procuring insurance.	B10	Other Obligations The buyer must pay all costs and charges included in obtaining the documents or equivalent electronic messages mentioned in A10 and reimburse those incurred by the seller in rendering its assistance in accordance therewith.

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© 2004 John Michael Pierobon

Notes