FAS Incoterms 2020: delivery terms and meaning · Контракт.Онлайн
Incoterms 2020 · group F — main carriage unpaid

FAS — Free Alongside Ship: delivery terms under Incoterms 2020

The seller places the goods alongside the buyer's vessel at the port of shipment. Loading, freight and insurance are paid by the buyer. The FAS term is already selected in the generator

What you are drafting
Import of goods on FAS termsExport of goods on FAS terms DOCX
КОНТРАКТCONTRACTMoscow
1. Предмет Контракта 2. Стоимость Контракта 3. Условия поставки 4. Условия оплаты 5. Гарантии и качество 6. Ответственность сторон 7. Арбитраж
1. Subject of the Contract 2. Cost of Contract 3. Terms of the Delivery 4. Terms of the Payment 5. Guarantee and Quality 6. Liability of the Parties 7. Arbitration
ПРОДАВЕЦ / THE SELLERПОКУПАТЕЛЬ / THE BUYER
ПРИЛОЖЕНИЕ № 1 к КОНТРАКТУANNEX No. 1 to CONTRACTСПЕЦИФИКАЦИЯ · SPECIFICATION
На поставку Товаров, на общую сумму
# Описание / Description ТН ВЭД / HS CODE Ед. изм. / Unit of meas. Кол-во / Q-ty Цена / Price Сумма / Total 1 2
Прочие условия / Other terms Гарантия / Warranty Документация / Documentation Условия поставки / Delivery terms Порядок оплаты / Terms of payment Период оказания услуг / Period of provision of services Срок возврата оплаты / Period of refund of payment
ПРОДАВЕЦ / THE SELLERПОКУПАТЕЛЬ / THE BUYER
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Fill in: Import of goods Fill in: Export of goods
F
group of terms
Sea
mode of transport
Seller
export clearance
Buyer
pays for carriage
Buyer
import duties

What the draft already fills

Parties, documents and specifics for every deal scheme

Import of goods on FAS terms

PartiesBuyer — Russia, seller — foreign company
Delivery termFAS + port of shipment
DocumentsInvoice, packing list, declaration, waybill
SpecificsHS code · Supplier's SWIFT details

Export of goods on FAS terms

PartiesSeller — Russia, buyer — foreign company
Delivery termFAS + port of shipment
DocumentsInvoice, packing list, declaration, waybill
SpecificsAdvance refund on cancellation · HS code in the specification

How to write FAS into the contract

The FAS term is passed into the form from this page

1
1. Deal type

Import or export of goods. The parties, the goods with HS codes and the prices go into the same form; the Russian party's details are filled in from its INN (tax ID).

2
2. FAS and port

The FAS term is already selected. Enter the port of shipment: the port and, if known, the berth. The delivery term text in the specification will be assembled for FAS.

3
3. Preview and DOCX

The whole document is visible before payment: the English and Russian columns, the specification, the delivery term. After payment you get the DOCX.

A contract on FAS terms

An Incoterms rule applies to the supply of goods — import or export

Who does what under FAS

Risk passes when the goods are placed alongside the buyer's vessel at the port of shipment

Obligation
Seller
Buyer
Loading at the place of dispatch
Delivery alongside the vessel
Loading on board
Export customs clearance
Yes
—
Main carriage
—
Yes
Cargo insurance
—
Optional: the risk in transit is the buyer's
Unloading at the destination
—
Yes
Import clearance, duties and taxes
—
Yes

FAS in the contract: what to specify

A delivery term without an exact place and without the conditions around it does not work well

✓Code and edition: “FAS [place], Incoterms® 2020” — without the year it is unclear which rules apply
✓Exact port of shipment: the port and, if known, the berth
✓Mode of transport: sea and inland waterway only
✓Deadline for notifying that the goods are ready for shipment
✓Transfer of title — Incoterms does not govern it; in the contract it is tied to the moment of delivery
✓Insurance: Incoterms imposes no obligation; decide for yourselves who insures
✓Payment procedure and the deadline for refunding the advance if there is no delivery
✓Documents the seller hands over: invoice, packing list, transport document

Questions about the FAS term

Meaning, risk, costs, title

FAS stands for Free Alongside Ship. The seller delivers the goods to the port of shipment and places them alongside the vessel nominated by the buyer. Loading on board, freight and insurance are paid by the buyer. Risk passes when the goods are placed alongside the buyer's vessel at the port of shipment.
The difference is one operation: loading on board. Under FAS the goods are delivered when they stand alongside the vessel on the quay or on a barge, and the buyer pays for loading. Under FOB the seller places the goods on board itself, and risk passes only after that.
The Incoterms 2020 rules state in the explanatory notes to FAS that FAS is not appropriate where the goods are handed over to the carrier before they are alongside the vessel — like containers delivered to a terminal. FCA is intended for them.
Incoterms does not govern the transfer of title — the rules deal only with delivery, risk and costs. The moment title passes is set by the contract or the applicable law; under Russian law (Article 223 of the Russian Civil Code) title arises from the moment the thing is handed over, unless otherwise provided by law or the contract. In our contract title passes together with risk — at the moment of delivery under FAS.
The term code, the exact port of shipment and the edition of the rules, for example: FAS Novorossiysk, berth 12, Incoterms® 2020. Under Article 1211(6) of the Russian Civil Code, if the contract uses a trade term accepted in international commerce, the parties are deemed to have agreed on the customs that the term denotes — so it is better to name the edition explicitly.

A contract on FAS terms — 2 990 ₽

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✓ DOCX · Word / LibreOffice
✓ Bilingual EN/RU
✓ 173-FZ · CISG · Incoterms 2020
2 990 ₽
per document
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FAS Incoterms 2020 — delivery terms

FAS in simple terms

FAS is a sea term for cargo delivered alongside the vessel rather than handed over to a carrier at a terminal: for containers the Incoterms 2020 explanatory notes recommend FCA. The seller is responsible for the goods up to the quay, the buyer for loading, freight and everything after.

How FAS is written in our contract

The delivery term is set out in Annex No. 1 (Specification) in English and Russian. The English column for this term:
FAS [place]
Delivery and transfer of risk: The Seller has fulfilled its delivery obligation when it places the Goods alongside the vessel nominated by the Buyer at the named port of shipment ([place]). The risk of loss of or damage to the Goods and the title to the Goods pass from the Seller to the Buyer at that moment. This rule is to be used only for sea and inland waterway transport.
Costs: The Seller bears the costs until the Goods are placed alongside the vessel, including export formalities. The Buyer bears the costs of loading on board, freight, insurance and all subsequent costs.
Customs clearance: export clearance is the Seller's obligation; import clearance, duties and taxes are the Buyer's.

FAS and customs value on import

When goods are imported into Russia under FAS, the main carriage to the border is paid by the buyer, and these costs are not included in the price of the goods. Under Article 40 of the EAEU Customs Code, the costs of carriage to the place of arrival in the customs territory of the EAEU, as well as loading, unloading, transshipment and insurance in connection with that carriage, are added to the price when the customs value is calculated. So the carrier's and insurer's invoices up to the border will be needed for the declaration.

All terms: Incoterms 2020 · EXW · FCA · FOB · CPT · CIP · CFR · CIF · DAP · DPU · DDP. See also: import contract, export contract.