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What is FOB/FAS Endorsement? A Comprehensive Legal Overview
Definition & Meaning
The FOB/FAS endorsement is a type of supplemental insurance that sellers can purchase for export shipments sold under FOB (Free on Board), FAS (Free Alongside Ship), C&F (Cost and Freight), or similar terms. This insurance is important because it covers the seller's interests in the cargo during transit, specifically from the moment the goods leave the origin point until the title is transferred to the buyer. Without this coverage, the buyer's insurance may only protect their interests after the title has changed hands, potentially leaving the seller vulnerable to losses that occur before the goods are loaded onto the vessel.
Table of content
Legal Use & context
The FOB/FAS endorsement is commonly used in international trade and shipping law. It is relevant in contracts involving the sale of goods, particularly in export transactions. Legal practitioners may encounter this term when drafting shipping agreements or advising clients on risk management in international sales. Users can manage these agreements themselves using legal templates from US Legal Forms, which are crafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A seller in the United States ships machinery to a buyer in Germany under FOB terms. The seller purchases an FOB/FAS endorsement to ensure coverage for any damage that occurs during transit until the machinery is loaded onto the vessel.
Example 2: A company exporting textiles opts for an FAS endorsement. This ensures that if the goods are damaged while being transported to the dock, the seller is protected until the title is transferred to the buyer (hypothetical example).
Comparison with related terms
Term
Definition
Key Differences
FOB
Seller's responsibility ends once goods are loaded onto the vessel.
Does not include coverage during transit unless endorsed.
FAS
Seller delivers goods alongside the vessel.
Similar to FOB but focuses on delivery point.
C&F
Seller pays for cost and freight to the destination port.
Includes freight costs but may not cover insurance until title transfer.
Common misunderstandings
What to do if this term applies to you
If you are a seller involved in international shipping, consider obtaining an FOB/FAS endorsement to protect your interests. Review your sales contracts to ensure you understand the terms of insurance coverage. You can explore US Legal Forms for ready-to-use templates to help manage your shipping agreements. If your situation is complex, it may be wise to consult a legal professional for personalized advice.
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