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FAS
FAS (Free Alongside
Ship) is Monomodal in that it may only be used for transaction where
the main carriage is by seafreight. Note that the entire journey
need not be by sea, but the moment of 'export' must be.
Under this term,
which has a considerably long tradition, risk and responsibility
pass from the seller to the buyer when the goods are placed alongside
a named ship (or a ship operated by a named service) at a named
area within a named port. FAS requires the seller to arrange export
customs clearing.
The essential
aspect of the term is that the vessel is in port prior to the seller
delivering the cargo into the port area.
However, in
many markets, the seller is not allowed into the harbour area. Even
if the seller can enter the port area, most operations involve the
placing of cargo into a berth where the vessel in question is intended
to arrive, as opposed to it having physically docked prior to the
arrival of the cargo. Thus the vessel comes to the cargo rather
then the cargo coming to the vessel.
There are significant
risks associated with the older seafreight terms (such as FAS, FOB,
CFR/CIF etc.) specifically with regard to the transport documents
issued. Careful consideration should be given to the appropriate
section of the official INCOTERMS 2000 text dealing with 'proof
of delivery'. In many cases, the modern documents issued by lines
may present risk-management complications to the seller when using
such an old term as FAS.
The use of this
term in the charter and bulk markets is attractive as an alternative
to many of the traditional chartering terms that are often subject
to unique definitions from country to country - or even between
ports within one country.
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