Understanding AS IS, WHERE IS Cargo Sales
The mechanism that makes distressed cargo transactable: condition risk moves to the buyer, and speed becomes possible.
4 min read · Updated 2026-02-06
An as is, where is sale transfers the goods in their present condition at their present location. The buyer inspects, forms its own view of condition and quantity, and accepts the obligation to remove the cargo. The seller gives no warranty as to quality or fitness for purpose.
Why it is used
- It removes quality disputes from the transaction, which is what usually causes delay
- It allows a buyer to commit on inspection rather than on documentation that may not exist
- It gives the seller a definitive removal date and an end to accruing charges
What it does not do
It does not cure a defect in authority to sell. It does not override customs or regulatory restrictions on the goods. And it does not remove the seller's obligation to disclose what it actually knows about the cargo — buyers who discover undisclosed material facts withdraw, and the process restarts with less time available.
What to agree explicitly
- Exact location, lot definition and access arrangements for inspection
- Removal deadline and who bears storage and handling until removal
- Which party handles customs formalities and any export or destruction documentation
- Payment terms and their relationship to removal
Complex cases requiring direct cargo purchase, international remarketing or physical commercial recovery may be referred for human assessment by Pommer & Partners.