Friday, June 21, 2019

The buyer must give the seller sufficient notice of the vessel name, Essay

The buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected deliver - Essay Example twain parties privy to the contracts have their rights and responsibilities. The rights of one party are usu all toldy the responsibilities of the other, just like in many other contracts. In FOB contracts, the seller fulfills his responsibilitys with regards to words once those goods pass the ships rails.3 The most common terms of FOB contracts are Incoterms that were generated and published by the International Chamber of Commerce. They are til now subject to be affected by the local laws of the countries from where the buyers and seller are transacting from.4 Despite these most of the obligations of the buyers and sellers remain intact. This paper will explore the buyers obligations down the stairs an FOB contract to nominate the vessel. The Buyers Obligations under an FOB Contract Under the FOB contracts, the main obligation of the buye r is to depict the seller with sufficient notice of the vessel name, loading point, and where necessary, the selected delivery time within the agreed period.5 This obligation has of late been reviewed because of changing circumstances as shall be pointed out later in the paper. Apart from this obligation, the buyer has a series of other obligations that are similar to those in other buyer-seller contracts. First, the buyer has the obligation of paying(a) the price for the goods as provided in the contract.6 This does not even have to be stipulated since it is presumed that both parties know their duties. The seller has the affair of providing the goods and receiving the payments while it is the buyers duty to receive the goods and make payments for the same. According to Incoterms, the buyer also is under an obligation, at his own risk and expense, to obtain any official authorization, including a license to import, and where necessary, the authority for the goods to transit thro ugh other countries.7 This is because it is the duty of the buyer to transport the goods having been loaded to the vessel that was specified and at the specified loading point. The buyer is obligated to contract, at his own expense, for the freight services to be provided if he does not have his own. Just like in any other contract of sale, the buyer is under an obligation to take the delivery of goods usually at the named loading point and vessel at a specific date or period, where applicable. Since the sellers obligations cease once the goods pass the ships rails on the loading point, the buyer is obligated to bear all the risks of loss or reproach to the goods. The buyer should also accept and give proof of delivery of the goods as directed in the notice that he furnished the seller with.8 The other obligation is that of inspecting the goods as to whether they are in sellable condition. It is the buyers duty to pay for the cost of pre-shipment inspection expenses.9 The exception s here are when it was otherwise agreed amid the two parties or where the authorities of the country of export explicitly direct the seller to incur the expenses for pre-shipment inspection. Lastly, the buyer is under an obligation to reimburse the seller all the expenses incurred in his bid to render his assistance to the buyer. This obligation is carried out more as an issue of

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