preview

CIF And FOB Contract

Satisfactory Essays

The distinction between a CIF and FOB contract is in many ways important. It lies in the determining of the method of calculating the price, the passing of property and finally, the risk and the methods in which the parties can perform their obligations under the contract. It would seem to follow from the nature of an FOB contract that the seller must actually ship the goods in accordance with the contract . This does not mean that the seller must personally ship the goods, he can perfectly well procure the shipment to be made by a supplier on his behalf .But he cannot tender documents in respect of goods already afloat, or a shipment made by a third party after and without reference to the contract, and subsequently appropriated by the seller. But this can be done in the case of CIF and C & F contracts. As a result, a CIF contract cannot be frustrated by an export ban . This in turn will help the seller to fulfil his contract to the buyer and this nature of CIF contract …show more content…

His margin of profit could be substantially higher than in FOB contract, because he may be able to obtain reasonable rates for freight and insurance depending upon prevailing economic conditions. The seller gets paid for the goods before their arrival at destination, because the payment for goods in CIF contracts often takes place when the documents are tendered to the buyer, or to the bank in the event of a documentary credit arrangement between the seller and the buyer .

The FOB contract is not a documentary sale in the sense that expression is used in connection with CIF contracts. An FOB seller may have documentary duties, similar or even identical to those of a CIF seller, but the documents are not a substitute for the seller’s physical duty to load in the way that CIF documents stand in for physical delivery of the goods at the port of discharge

Get Access