FOB delivery term in accordance with international commercial terms (INCOTERMS) 2000

For the goods being carried from one country to another in foreign commerce process, parties who are in foreign commerce relation do not generally familiarize with one another. In consequence, it is possible that there may be numerous diverse cases between the parties. So as to be able to prevent cases such like mentioned above, INCOTERMS has been composed to interpret commercial terms by ICC. The said contract terms are universally standardized rules.INCOTERMS are updated in accordance with the commercial life?s demands and finally it has been updated in 2000.FOB, being a sort of INCOTERMS, is one of the frequently preferred kind of overseas delivery terms. FOB delivery term is used in maritime or inland shipping. To be able to make INCOTERMS 2000 become applicable on FOB delivery terms, FOB (loading port ) INCOTERMS 2000 clause must be clearly mentioned in the contract.INCOTERMS being applied to the contracts may effect the parties? benefits and liabilities. For this reason, it is essential that commercial terms shall be clarified perfectly and the relevant commercial terms shall be applied to the contract.Under the provisions of FOB, damage passes to the buyer when the goods passes the ship?s rail and the seller?s and the buyer?s liabilities are set if the goods passes the ship?s rail or not.FOB delivery terms has not been mentioned in Turkish Commercial Code stage legislation. Because INCOTERMS 2000 and FOB delivery terms are updated in accordance with commercial business needs and requirements. It has only been mentioned that the parties referred to INCOTERMS 2000 or issued clauses apart from INCOTERMS.In this thesis, FOB delivery terms is examined according to INCOTERMS 2000. This study consists of two independent parts. INCOTERMS and FOB delivery terms has been examined in the first part. Turkish Commercial Code regulations and Turkish Commercial Code Stage Legislation has been expicated by involving with INCOTERMS and FOB delivery term. Buyer?s and seller?s rights and liabilities in accordance with INCOTERMS 2000 have been mentioned in the second part of the study. In the scope of the headline, passing of the damage which is very important issue in FOB delivery term has been examined in detail.Key Words1.FOB2.INCOTERMS 20003.ICC Rules4.International Trade5.Maritime Law