I. Introduction of FOB terms
FOB trade termsFree on boardNamed port of shipment)
FOB trade termsFree on boardNamed port of shipment)
The term FOB international trade is when the goods cross the ship's rail at the named port of shipment, the seller completes the delivery。This means that the buyer must bear all risks of loss or damage to the goods from that point forward。FOB delivery terms require the seller to clear the goods for export。
The term applies only to sea or inland waterway transport。If the parties do not intend to deliver over the ship's rail, the FCA term should be used。
A Seller's obligations
B Buyer's Obligations
A1 Supply the goods in accordance with the contract
The Seller must provide the goods in conformity with the Contract of Sale and the commercial invoice or equivalent electronic message, as well as any other proof of conformity that may be required by the contract。
B1 Payment of price
The buyer must pay the price in accordance with the sales contract。
A2 Permits, other permits and procedures
The seller must, at his own risk and expense, obtain any export license or other official permission and, if necessary, complete all customs formalities necessary for the goods to be exported。
B2 Licenses, other permits and procedures
The buyer must, at his own risk and expense, obtain any import licence or other official permission and, if necessary, complete all customs formalities necessary for the importation of the goods and, if necessary, for transit from another country。
A3 Contracts of carriage and insurance
a) Contract of carriage: no obligation。
b) Insurance contract: no obligation。
B3 Transport contract and insurance contract
a) Contract of carriage: The buyer must, at his own expense, conclude a contract for the carriage of the goods from the named port of shipment。
b) Insurance contract: no obligation。
A4 delivery
The Seller must deliver the goods on board the vessel designated by the Buyer within the agreed date or period at the named loading port in accordance with the customary manner at that port。
B4 Take delivery of goods
The Buyer must take delivery of the goods upon delivery by the Seller in accordance with A4。
A5 Risk transfer
Subject to the provisions of B5, the Seller shall bear all risks of loss or damage to the goods until they have crossed the ship's rail at the named port of shipment。
B5 Risk transfer
The Buyer shall bear all risks of loss or damage to the goods from the time they cross the ship's rail at the named port of shipment;And due to the Buyer's failure to notify the Seller in accordance with B7，Or its designated vessel does not arrive on time，Or did not receive the goods，Or stop loading earlier than the time notified in accordance with B7，From the agreed delivery date or the expiration date of the delivery period，However, the goods have been duly assigned to the contract，To the extent that they are clearly marked out or otherwise identified as the goods under the contract。
A6 Cost division
Except as provided in B6, the Seller must pay all charges in connection with the goods until they have passed over the ship's rail at the named port of shipment;And when it is necessary to go through customs formalities, the customs formalities required for the export of the goods and all duties, taxes and other fees payable at the time of export。
B6 Fee division The buyer must pay
All charges relating to the goods from the time they cross the ship's rail at the named port of loading;And because the vessel designated by the buyer did not arrive on time，Or fail to receive the said goods，Or stop loading earlier than the time notified in accordance with B7，Or any additional costs incurred by the Buyer for failing to give the Seller the corresponding notice in accordance with B7，However, the goods have been duly assigned to the contract，To the extent that they are clearly marked out or otherwise identified as the goods under the contract;And when customs formalities are required，All duties, taxes and other charges payable on the importation of goods，And customs fees，And the cost of transit of goods from other countries。
A7 Notify the buyer
The seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4。
B7 Notify the seller
The buyer must give the seller adequate notice of the name of the vessel, the point of shipment and the required time of delivery。
A8 Delivery documents, transport documents or equivalent electronic messages
The Seller must provide to the Buyer, at his own cost, the usual documents proving that the goods have been delivered in accordance with A4。Unless the documents referred to in the preceding paragraph are transport documents, the seller must, at the Buyer's request and at his risk and expense, give the Buyer every assistance in obtaining transport documents (such as negotiable bills of lading, non-negotiable sea waybills, inland waterway transport documents or multimodal transport documents) relating to the contract of carriage.。If the buyer and seller agree to communicate electronically, the documents referred to in the preceding paragraph may be replaced by an electronic data interchange (EDI) message that has the same function。
B8 Delivery certificate, transport document or equivalent electronic message
The Buyer must accept the delivery document provided in accordance with A8。
A9 Check, pack and mark
The Seller must pay the costs of checking (e.g. checking the quality of the goods, measuring, weighing, counting) necessary for delivery in accordance with A4.。
The Seller must, at its own cost, provide the packing required for the transport of the goods (e.g. mode of transport, port of destination) known to the Seller prior to the conclusion of the Contract of Sale (unless the goods referred to in the Contract are shipped without packing in accordance with relevant industry practice)。Packages should be properly marked。
B9 Goods inspection
The buyer must pay the cost of any pre-shipment inspection, except for inspections mandated by the relevant authorities of the exporting country。
A10 Other obligations
At Buyer's request and at Buyer's risk and expense，The seller must render every assistance to the buyer，To assist it in obtaining any documents or equivalent electronic messages (other than those listed in A8) issued or transmitted by the State of shipment and/or the State of origin that may be required for the buyer's import of the goods and, if necessary, for transit from another State。At the request of the Buyer, the seller must provide the Buyer with the information required for insurance。
B10 Other obligations
The Buyer must pay all costs incurred in obtaining documents or equivalent electronic messages referred to in A10 and reimburse the Seller for the costs incurred in providing assistance。
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