Define: FOB price
FOB price, short for Free On Board price, is the amount stated in a sale contract that covers the goods and all costs of getting them loaded onto the shipping vessel at the named port of departure. Once loading is complete, risk and further transport, insurance, and freight costs pass to the buyer, who arranges and pays for onward carriage.
Legal accuracy standard set & glossary spot-checked by Imad Mohammed Nazar , Skadden-trained M&A lawyer, Legal Engineer at GenieAI
What FOB price Means in a Contract
FOB price refers to the value assigned to goods under a Free On Board term, an internationally recognized trade term that fixes the point at which the seller's responsibility for costs and risk ends and the buyer's begins. In a contract, the FOB price is the figure the buyer agrees to pay that already includes packaging, export clearance, and delivery to and loading onto the vessel at the agreed port. It does not include ocean freight, marine insurance, or import duties, which the buyer must arrange separately.
This term is most commonly encountered in international sale of goods contracts, particularly those governed by Incoterms rules published by the International Chamber of Commerce. Parties reference FOB alongside a named port, such as FOB Shanghai, to remove ambiguity about where the seller's obligations stop. This precision is central to a properly drafted supply of goods agreement involving overseas shipment.
How FOB price Is Defined or Measured
The FOB price is measured as the total cost incurred by the seller up to the moment goods pass the ship's rail or are otherwise placed on board, depending on the version of the trade term used. This typically includes manufacturing or procurement cost, domestic transport to the port, export duties, and loading charges. It excludes freight, insurance, and any charges incurred after the goods leave the port of shipment.
Because FOB is a pricing and risk allocation mechanism rather than a fixed monetary figure, its measurement depends heavily on which set of trade rules the contract incorporates and the specific edition referenced. Parties should specify the applicable Incoterms version, since obligations have shifted between revisions.
- Cost of goods and packaging
- Inland transport to the port of loading
- Export customs clearance and related fees
- Loading costs onto the vessel
Where FOB price Appears in Agreements
FOB price clauses typically appear in the payment and delivery sections of international sale, distribution, and procurement contracts. They are especially common in manufacturing and wholesale trade, where goods cross borders and multiple parties, including carriers and insurers, are involved in getting products from factory to buyer.
The term also surfaces in related documents such as a transportation agreement, purchase orders, letters of credit, and customs documentation, where the FOB price is cited as the basis for calculating duties or insurance premiums. Businesses in the manufacturing and wholesale industries rely on clear FOB terms to reconcile invoices with shipping records and avoid disputes over who owed what at each stage of transit.
Why the Exact Wording Matters
Ambiguity around FOB terms can lead to costly disputes over who bears the risk of loss or damage during transit, who pays for insurance, and how customs valuations are calculated. If a contract simply states.
Relevant Circumstances
- Export of goods
- Import of goods
- Shipping and freight agreements