Free on Board (FOB) Explained: Who's Liable for What in Shipping? (2024)

What Is Free on Board (FOB)?

Free on Board (FOB) is a shipment term that defines the point in the supply chain when a buyer or seller becomes liable for the goods being transported. Purchase orders between buyers and sellers specify the FOB terms and help determine ownership, risk, and transportation costs.

"FOB Origin" or FOB Shipping Point" means the buyer accepts the title of the goods at the shipment point and assumes all risk once the seller ships the product. The buyer is responsible if the goods are damaged or lost while in transit.

"FOB Destination" meansthe seller retains the title of the goods and all responsibility during transit until the items reach the buyer.

Key Takeaways

  • Free on Board (FOB) is a term used to indicate when the ownership of goods transfers from buyer to seller and who is liable for goods damaged or destroyed during shipping.
  • "FOB Origin" meansthe buyer assumes all risk once the seller ships the product.
  • "FOB Destination" meansthe seller retains the risk of loss until the goods reach the buyer.
  • FOB terms can impact inventory, shipping, and insurance costs.

Understanding Free on Board (FOB)

FOB is a common term used for all types of shipping, both domestic and international. Shipping orders and contracts often describe the time and place of delivery, payment,when the risk of loss shifts from the seller to the buyer, and which party pays the costs of freight and insurance.

The vendor-client transaction defines the FOB terms in the purchase order. FOB status does not determine ownership, which is determined in the bill of sale or agreement between the buyer and seller, but defines which party takes responsibility for the shipment, whether at Origin, where the shipment begins or at Destination, where the shipment ends.

Each party should have a firm understanding of free on board (FOB) to ensure a smooth transfer of goods from the vendor to the client. Regardless of whether that transfer occurs on the domestic or international level, FOB terms can impact inventory, shipping, and insurance costs.

FOB Origin vs. FOB Destination

FOB origin, or shipping point, means that the buyer will receive the title for the goods they purchased when shipment begins. The seller’s responsibility ends when the items are placed with a shipment carrier, and the buyer must ensure their goods reach their final destination on time and undamaged.

For FOB destination, the seller retains ownership of the goods and is responsible for replacing damaged or lost items until the point where the goods have reached their final destination.

For shipments internationally, especially for companies ordering large inventory for global shipment on vessels and containers, international contracts establish and outline provisions, including the time and place of delivery, payment terms, and FOB designation to define when the risk of loss shifts from the seller to the buyer and which party pays for freight and insurance.

The most common international trade terms are Incoterms, which the International Chamber of Commerce (ICC)publishes, but firms that ship goods within the U.S. must adhere to the Uniform Commercial Code (UCC).

Since there is more than one set of rules, and legal definitions of FOB may differ from one country to another, the parties to a contract must indicate which governing laws are being used for a shipment.

FOB and Company Accounting

For FOB origin, after the goods are placed with a carrier for transport, the company records an increase in its inventory and the seller records the sale at the same time.

For FOB destination the seller completes the sale in its records once the goods arrive at their final destination and the buyer records the increase in its inventory at that time.

Other Shipping Terms

Although FOB Origin and Destination are the most familiar shipping terms, other terms include:

• FAS or Free Alongside: The seller must deliver goods on a ship that pulls up alongside a ship and close enough that the ship can use its lifting devices to bring the goods aboard.

• FCA or Free Carrier: The seller is obligated to deliver goods to an airport, shipping port, or railway terminal where the buyer has an established place of operation and takes delivery there.

• EXW or Ex Works: The seller prepares items for shipment from its location, but the buyer is responsible for picking the goods up and arranging shipment.

• DES or Delivered Ex Ship: The seller delivers products to a specified shipping port, where the buyer will take delivery on arrival.

What Is FOB Pricing?

The costs associated with FOBcan include transportation of the goods to the port of shipment, loading the goods onto the shipping vessel, freight transport, insurance, and unloading and transporting the goods from the arrival port to the final destination.

Who Pays Freight for FOB Origin?

If the terms include the phrase "FOB origin, freight collect," the buyer is responsible for freight charges. If the terms include "FOB origin, freight prepaid," the buyer assumes the responsibility for goods at the point of origin, but the seller pays the cost of shipping.

What Is the Difference Between FOB and CIF?

CIF (Cost, Insurance, and Freight) and FOB (Free on Board) are two widely used INCOTERM agreements. Although the definition of both terms can differ across countries and is ultimately determined by each vendor-client contract, historically, FOB transfers liability from seller to buyer when the shipment reaches the port or other facility designated as the point of origin. With a CIF agreement, the seller pays costs and assumes liability until the goods reach the port of destination chosen by the buyer.

The Bottom Line

Free on Board (FOB) is a shipment term that defines the point in the supply chain when a buyer or seller assumes responsibility for the goods being transported. FOB terms like FOB Origin and FOB Destination help define ownership, risk, and transportation costs for both buyers and sellers.

Free on Board (FOB) Explained: Who's Liable for What in Shipping? (2024)

FAQs

Free on Board (FOB) Explained: Who's Liable for What in Shipping? ›

Free on Board (FOB) is a term used to indicate when the ownership of goods transfers from buyer to seller and who is liable for goods damaged or destroyed during shipping. "FOB Origin" means the buyer assumes all risk once the seller ships the product.

Who is liable in FOB shipping? ›

With FOB shipping point, the buyer pays for shipping costs, in addition to any damage during shipping. The buyer is the one who would file a claim for damages if needed, as the buyer holds the title and ownership of the goods.

What does "free on board" mean in shipping? ›

Free on board (FOB) definition

FOB origin, or FOB shipping, means the buyer takes responsibility at the point of origin of the freight. FOB destination means that the buyer only takes responsibility for freight once it reaches its destination, and the seller is liable for any damage.

Who is responsible for insurance on a FOB ship? ›

The buyer is responsible for insuring the goods from that point on.

Who is responsible for what shipping costs is usually designated by a Free On Board provision? ›

Free on Board means the seller is responsible for the product only until it is loaded on board a shipping a vessel, at which point the buyer is responsible. With CFR, the seller must arrange and pay all costs to ship the product to a destination port, at which point the buyer becomes responsible.

Who pays for shipping under FOB destination? ›

FOB (Freight on Board) Destination is a shipping term which means that the seller retains the legal title to the goods until they reach the location of the buyer. In this case, the seller pays for the transportation of the freight and takes care of additional freight charges until the goods reach the buyer.

Who is liable to pay freight? ›

Under the uniform bill of lading terms, a shipper is liable for freight charges unless Section 7 of a bill of lading is signed. The general rule is “the carrier gets paid” as cited in multiple court cases such as Excel Transportation Services Inc v.

What is the FOB Free on Board value? ›

The FOB (Free On Board) price is the price of goods at the frontier of the exporting country or price of a service provided to a non-resident. It includes the values of the goods or services at the basic price, the transport and distribution services up to the frontier, the taxes minus the subsidies.

Is Free on Board the same as freight on board? ›

Freight on Board (FOB), also referred to as Free on Board, is an international commercial law term published by the International Chamber of Commerce (ICC). It indicates the point at which the costs and risks of shipped goods shift from the seller to the buyer.

What is the difference between free carrier and Free on Board? ›

What is the difference between FCA and FOB? FCA is an Incoterm which works for all modes of transport. FOB is only used in waterway shipments. Under FOB, the seller is responsible for loading the cargo onto the vessel, but with FCA, it is the buyer's responsibility.

What does "free on board" mean in insurance? ›

Under free on board in marine insurance, the term “free” indicates that the seller is responsible for delivering goods to a designated place for transfer to the carrier. Once goods are loaded onto the vessel, the buyer holds all the responsibility for the goods.

What is the Free on Board policy? ›

In summary, the concept of "Free on Board" (FOB) in marine insurance policies entails the seller's responsibility for goods until they are successfully placed on the designated vessel. This concept plays a pivotal role in international trade contracts and the determination of ownership and liability during transit.

What are Free on Board terms and conditions? ›

Under Free on Board, the seller is responsible for delivering the goods to the port of departure, clearing it for export, and loading the goods on the vessel. Once the goods are on the vessel, the risk transfers from the seller to the buyer, who from that point is responsible for all costs thereafter.

Who pays duties and taxes in FOB? ›

FOB price, or Free On Board price, marks where the seller's responsibility ends and the buyer's begins. It covers costs up to loading goods onto the vessel at the port of shipment, excluding additional expenses like insurance and customs duties, which are usually the buyer's responsibility.

What are the disadvantages of free on board? ›

The main disadvantage of FOB for the buyer is that they are responsible for any loss or damage that occurs during the transport, and they may face delays or extra charges at the destination port. The main advantage of FOB for the seller is that they have less risk and liability once the goods are loaded on the vessel.

Who pays demurrage FOB? ›

Who has to pay demurrage? Demurrage is paid by the importer or exporter to the shipping line. Whether it is the importer or exporter paying will depend on whether the fee is charged at the beginning or end of the shipping journey.

Who is responsible for export clearance under FOB? ›

The seller is always responsible for paying export customs clearance in the country of origin when agreeing to use FOB, as they have to get the goods cleared and “free” for the buyer.

What are the legal implications of FOB? ›

Under FOB contracts it is the duty of vendor that he must surrender commodities as described in the compact such as time of shipment and must hand over the same commodities as explained in the pact. The goods must correspond with the description of contracts.

Is FOB destination a liability? ›

Also, under FOB destination conditions, the seller is liable for the merchandise's transportation costs. Since the seller retains ownership of the items throughout the transportation damage period, the seller should file any claims with the insurance company.

What is the risk in FOB contract? ›

The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ship's rail. The seller in c.i.f. contract performs his obligation by tender the proper documents i.e. a bill of lading, a policy of insurance and an invoice to the buyer.

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