| FOB, Free on
board "Free on board" means
that the seller delivers when the goods pass the ship’s rail at the named port of
shipment. This means that the buyer has to bear all costs and risks of loss of or damage
to the goods from that point. The FOB term requires the seller to clear the goods for
export. This term can be used only for the sea of inland waterway transport. If the
parties do not intend to deliver the goods across the ship’s rail, the FCA term
should be used. |
 |
| A |
The seller’s obligations |
B |
The buyer’s obligations |
|
| A1 |
Provision of goods in
conformity with the contract |
B1 |
Payment of the price |
|
| |
The seller must provide the
goods and the commercial invoice or its equivalent electronic message, in conformity with
the contract of sale and any other evidence of conformity which may be required by the
contract. |
|
The buyer must pay the price as
provided in the contract of sale. |
|
| A2 |
Licences, authorisations and
formalities |
B2 |
Licences, authorisations and
formalities |
|
| |
The seller must obtain at his
own risk and expense any export licence or other official authorisation and carry out,
where applicable, all customs formalities necessary for the export of the goods. |
|
The buyer must obtain at his
own risk and expense any import licence or other official authorisation and carry out,
where applicable, all customs formalities for the import of the goods and, where
necessary, for their transit through any country. |
|
| A3 |
Contracts of carriage and
insurance |
B3 |
Contracts of carriage and
insurance |
|
| |
Contract of carriage No obligation
Contract
of insurance
No
obligation |
|
Contract of carriage The buyer must
contract at his own expense for the carriage of the goods from the named port of shipment.
Contract
of insurance
No
obligation |
|
| A4 |
Delivery |
B4 |
Taking delivery |
|
| |
The seller must deliver the
goods on the date or within the agreed period at the named port of shipment and in the
manner customary at the port on board the vessel nominated by the buyer. |
|
The buyer must take delivery of
the goods when they have been delivered in accordance with A4. |
|
| A5 |
Transfer of risks |
B5 |
Transfer of risks |
|
| |
The seller must, subject to the
provisions of B5, bear all risks of loss of or damage to the goods until such time as they
have passed the ship’s rail at the named port of shipment. |
|
The buyer must bear all risks
of loss of or damage to the goods From the time they have passed
the ship’s rail at the named port of shipment and;
From the
agreed date or the expiry date of the agreed period for delivery which arise because he
fails to give notice in accordance with B7, or because the vessel nominated by him fails
to arrive on time, or is unable to take the goods, or closes for cargo earlier than the
time notified in accordance with B7, provided, however, that the goods have been duly
appropriated to the contract, that is to say, clearly set aside or otherwise identified as
the contract goods. |
|
| A6 |
Division of costs |
B6 |
Division of costs |
|
| |
The seller must, subject to the
provisions of B6, pay All costs relating to the goods
until such time as they have passed the ship’s rail at the named port of shipment;
and
Where
applicable, the costs of customs formalities necessary for export as well as all duties,
taxes and other charges payable upon export. |
|
The buyer must pay All costs relating
to the goods from the time they have passed the ship’s rail at the named port of
shipment; and
Any
additional costs incurred, either because the vessel nominated by him fails to arrive on
time, or is unable to take the goods, or closes for cargo earlier than the time notified
in accordance with B7, provided, however, that the goods have been duly appropriated to
the contract, that is to say, clearly set aside or otherwise identified as the contract
goods; and
Where
applicable, all duties, taxes and other charges as well as the costs of carrying out
customs formalities payable upon import of the goods and for their transit through any
country. |
|
| A7 |
Notice to the buyer |
B7 |
Notice to the seller |
|
| |
The seller must give the buyer
sufficient notice that the goods have been delivered in accordance with A4. |
|
The buyer must give the seller
sufficient notice of the vessel name, loading point and required delivery time |
|
| A8 |
Proof of delivery, transport
document or equivalent electronic message |
B8 |
Proof of delivery, transport
document or equivalent electronic message |
|
| |
The seller must provide the
buyer at the seller’s expense with the usual proof of delivery in accordance whit A4. Unless the
document referred to in the preceding paragraph is the transport document, the seller must
render the buyer, at the latter’s request, risk and expense, every assistance in
obtaining a transport document for the contract of carriage (for example, a negotiable
bill of lading, a non-negotiable sea waybill, an inland waterway document, or a multimodal
transport document.
Where the
seller and the buyer have agreed to communicate electronically, the document referred to
in the preceding paragraph may be replaced by an equivalent electronic data interchange
(EDI) message |
|
The buyer must accept the proof
of delivery in accordance with A8. |
|
| A9 |
Checking – packaging
– marking |
B9 |
Inspection of goods |
|
| |
The seller must pay the costs
of those checking operations (such as checking quality, measuring, weighing, counting)
which are necessary for the purpose of delivering the goods in accordance with A4. The seller must
provide at his own expense packaging (unless it is usual for the particular trade to ship
the goods of the contract description unpacked) which is required for the transport of the
goods, to the extent that the circumstances relating to the transport (for example
modalities, destination) are made known tot the seller before the contract of sale is
concluded. Packaging is to be marked appropriately. |
|
The buyer must pay the costs of
any pre-shipment inspection except when such inspection is mandated by the authorities of
the country of export. |
|
| A10 |
Other obligations |
B10 |
Other obligations |
|
| |
The seller must render the
buyer at the latter’s request, risk and expense, every assistance in obtaining any
documents or equivalent electronic message (other than those mentioned in A8) issued or
transmitted in the country of shipment and/or of origin which the buyer may require for
the import of the goods and, where necessary, for their transit through any country. The seller must
provide the buyer, upon request, with the necessary information for procuring insurance. |
|
The buyer must pay all costs
and charges incurred in obtaining the documents or equivalent electronic messages
mentioned in A10 and reimburse those incurred by the seller in rendering his assistance n
accordance therewith. |
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