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§12A-2-319.
§12A-2-319.
(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 if 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.
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