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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 destination contract (FOB (buyer's city)), then risk of loss is on the seller. 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.
The Dutch word "lading" has exactly the same meaning (freight, cargo, an amount of transportable goods) as it has in the English "bill of lading", but is not restricted to shipping. [16] Under English law, the Carriage of Goods by Sea Act 1992 provides that the term "bill of lading" includes a "received-for-shipment" bill of lading issued by ...