The Classic Fob

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This commonly used variant usually arises where a seller has a presence in the f.o.b. origin port

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and agrees to arrange for the shipment of the goods on behalf of a small buyer

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or a buyer who does not normally ship from that port.

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The seller either:

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a) acts as the buyer’s agent and obtains the bill of lading in the buyer’s name

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in which case the buyer remains as the principal contracting party,

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b) enters into the contract of carriage as principal

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by obtaining a bill of lading to his order and endorsing this bill to the buyer

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and in this case the only contract of carriage to which the buyer can become a party

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is that contained in and evidenced by the bill of lading.