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Meaning of Freight Terms Specified in the Uniform Commercial Code (UCC)

Robert Menard, Certified Purchasing Professional, Certified Professional Purchasing Consultant

Robert Menard, Certified Purchasing Professional, Certified Professional Purchasing Consultant

Freight, transportation, ownership, and risk of loss are not very well understood concepts in the purchasing community. Indeed, many buyers confuse receipt with delivery.  Let’s examine the most commonly used freight terms for delivery of good within the bounds of US trade and associated risk of loss.

 First, understand that, delivery according to the UCC, is an intangible concept.  Delivery occurs when and where the seller voluntarily transfers effective ownership of goods to the buyer.  Once delivered, the rights of ownership and risk of loss rests with the buyer.  This is different from receipt which occurs when buyer takes physical possession of the goods.  

It is in the buyer’s interest to carefully negotiate freight terms as the UCC favors the seller when terms are not specified.  The most common terms are: 
  • Free on Board (FOB) place of shipment or shipment contract
  • Free on Board (FOB) place of destination or destination contract
  • Free on Board (FOB) vessel, car, or other vehicle
  • Free Along Side (FAS) vessel (watercraft)
There are many variations in use.  To clarify, this Table shows the meaning and impact of the most popular freight terms.  It identifies who pays for the freight and where/when “Delivery” and risk of loss takes place.

Terms

Payment of Initial Freight Charge

Bears Final Freight Cost

Owns Goods in Transit

Files Claims, if any

FOB Destination, Freight Prepaid (Allowed)

Seller

Seller

Seller

Seller

FOB Destination, Freight Collect

Buyer

Buyer

Seller

Seller

FOB Destination, Freight Prepaid and Added (Charged back to Buyer on invoice)

Seller

Buyer

Seller

Seller

FOB Shipping Point, Freight Prepaid (Allowed)

Seller

Seller

Buyer

Buyer

FOB Shipping Point, Freight Collect

Buyer

Buyer

Buyer

Buyer

FOB Shipping Point, Freight Prepaid and Added (Charged back to Buyer on invoice)

Seller

Buyer

Buyer

Buyer

 For those engaged in foreign trade, see INCOterms

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