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Since Incoterms 1980 introduced the Incoterm FCA, FOB should only be used for non-containerized seafreight and inland waterway transport. However, FOB is commonly used incorrectly for all modes of transport despite the contractual risks that this can introduce.
FOB (free on board) is a term in international commercial law specifying at what point respective obligations, costs, and risk involved in the delivery of goods shift from the seller to the buyer under the Incoterms standard published by the International Chamber of Commerce. FOB is only used in non-containerized sea freight or inland waterway ...
Parties should specifically refer to the Incoterms in the sale contract to indicate incorporation. The International Chamber of Commerce (ICC) is responsible for revising Incoterms periodically to reflect changing practices in international trade. The Incoterms are classified in 4 different classes: Ex (ExW); Free (FOB, FAS, FCA);
FOB (shipping) I. Incoterms This page was last edited on 29 April 2023, at 05:40 (UTC). Text is available under the Creative Commons ...
Typical export transactions use Incoterms terms such as CIF, FOB or FAS, requiring the exporter/shipper to deliver the goods to the ship, whether onboard or alongside. Nevertheless, the loading itself will usually be done by the carrier or by a third party stevedore .
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The CISG describes when the risk passes from the seller to the buyer [49] but it has been observed that in practice most contracts define the seller's delivery obligations quite precisely by adopting an established shipment term, [42] such as FOB and CIF. [50] Remedies of the buyer and seller depend upon the character of a breach of the contract.
When the agent acts in such conditions, the agent shall be liable for the haul and all the damage suffered by the consignee due to irregularity, incorrectness or incompleteness of insertions on the air waybill (when the shipper includes freight on the purchased item, in any other Incoterms sale, the shipper is the sole responsible, since there ...