Article 12
In the case of fob delivery the following provisions shall apply: 1. The successful tenderer shall agree with the recipient country or its agent, within the specified period, the date on which the goods are to be made available at the port of shipment specified in his tender. The successful tenderer shall inform the recipient of the berth at which the goods are to be made available at the port. He shall immediately communicate these particulars to the intervention agency referred to in Article 17. 2. Where the product is drawn from intervention stocks the successful tenderer shall determine the schedule for removal of the goods in agreement with the intervention agency concerned, taking into account, where appropriate, the storage contracts concluded between the intervention agency and the storer. 3. The successful tenderer shall deliver the goods on board the vessel designated by the recipient in accordance with a loading schedule adopted in agreement with the latter having regard to the custom at the port. The successful tenderer shall load and stow the merchandise on board the vessel at his own expense. 4. He shall bear all the risks, in particular of loss or deterioration of the goods, until they have effectively passed the ship's rail at the port of shipment. 5. In the case of a product drawn from intervention stocks, the successful tenderer shall insure it until shipment has effectively taken place. The contract shall include a clause whereby, in the event of loss or deterioration of the goods, the insurer is to pay the intervention agency responsible for payment compensation related to the value of the product, namely the intervention price or, in the case of wheat of breadmaking quality, the reference price, applicable on the date of taking delivery of the quantity in question. 6. Where the recipient is able to take delivery of the goods neither on the date specified in paragraph 1 nor on any other date within the period fixed for delivery the intervention agency responsible for paying the successful tenderer shall, with the prior agreement of the Commission, extend the said period. Without prejudice to the application of Article 18 (1), the successful tenderer shall be required to comply with any extension which does not exceed 60 days. In the event of an extension exceeding 60 days the successful tenderer shall, at his request, be released from his obligations by the intervention agency which shall so inform the Commission immediately. 7. Where the recipient is unable to take delivery of the goods at the port of shipment referred to in paragraph 1, the intervention agency responsible for payment shall, at the recipient's request and with the prior agreement of the Commission, authorize shipment to take place at another port, without prejudice to the application of Article 18 (2).