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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 ...
On the other hand, the buyer pays cost of marine freight transportation, bill of lading fees, insurance, unloading and transportation cost from the arrival port to destination. Since Incoterms 1980 introduced the Incoterm FCA, FOB should only be used for non-containerized seafreight and inland waterway transport.
With a variation of the FOB pricing called FOB origin-freight allowed or freight absorbed, the terms allow buyers to subtract all or part of the cost of transportation from their bills. This amounts to a price discount, and is used as a market expansion tactic by the companies with high fixed costs. [1]
FOB Origin or FOB Destination can be followed by Freight terms: "Freight Prepaid" or "Freight Collect". "Prepaid" means the vendor pays freight and "Collect" means the buyer pays freight. Be careful: You should use the INCOTERM CFR: Cost of Freight (Named Port), CIF - Cost of Insurance and Freight and CIP: Carriage, Insurance Paid (Named Port).
If it is a delivery contract (standard, or FOB (seller's city)), then the risk of loss is on the buyer. In cases not covered by the foregoing rules, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's "receipt" of the goods. If the buyer never takes possession, then the seller still has the risk of loss. [1]
The main duty of the buyer is to pay the agreed purchase price of the vessel. Normally, the time of payment is not the essential factor unless there is an express clause in the contract. The buyer must also accept delivery under the Sale of Goods Act 1979, s27.
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By contrast, the shipper has fewer obligations (mostly implicit), namely: (i) to pay freight; (ii) to pack the goods sufficiently for the journey; (iii) to describe the goods honestly and accurately; (iv) not to ship dangerous cargoes (unless agreed by both parties); and (v) to have the goods ready for shipment as agreed; (q.v."notice of ...