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This entry was published on 2014-09-22
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SECTION 2-319
F
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 2--319. F. O. B. and F. A. S. Terms.

(1) Unless otherwise agreed the term F. O. B. (which means "free on
board") at a named place, even though used only in connection with the
stated price, is a delivery term under which

(a) when the term is F. O. B. the place of shipment, the seller

must at that place ship the goods in the manner provided in

this Article (Section 2--504) and bear the expense and risk

of putting them into the possession of the carrier; or

(b) when the term is F. O. B. the place of destination, the

seller must at his own expense and risk transport the goods

to that place and there tender delivery of them in the manner

provided in this Article (Section 2--503);

(c) when under either (a) or (b) the term is also F. O. B.

vessel, car or other vehicle, the seller must in addition at

his own expense and risk load the goods on board. If the term

is F. O. B. vessel the buyer must name the vessel and in an

appropriate case the seller must comply with the provisions

of this Article on the form of bill of lading (Section

2--323).

(2) Unless otherwise agreed the term F. A. S. vessel (which means
"free alongside") at a named port, even though used only in connection
with the stated price, is a delivery term under which the seller must

(a) at his own expense and risk deliver the goods alongside the

vessel in the manner usual in that port or on a dock

designated and provided by the buyer; and

(b) obtain and tender a receipt for the goods in exchange for

which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling within subsection (1)
(a) or (c) or subsection (2) the buyer must seasonably give any needed
instructions for making delivery, including when the term is F. A. S.
or F. O. B. the loading berth of the vessel and in an appropriate case
its name and sailing date. The seller may treat the failure of needed
instructions as a failure of cooperation under this Article (Section
2--311). He may also at his option move the goods in any reasonable
manner preparatory to delivery or shipment.

(4) Under the term F. O. B. vessel or F. A. S. unless otherwise agreed
the buyer must make payment against tender of the required documents and
the seller may not tender nor the buyer demand delivery of the goods in
substitution for the documents.