Sec. 42a-2-319. F.O.B. and F.A.S. terms.
Sec. 42a-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 section 42a-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 section 42a-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 section 42a-2-323 on the form of bill of lading.
(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 section 42a-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.
(1959, P.A. 133, S. 2-319.)
Cited. 214 C. 444. Cited. 238 C. 571.
Use of phrase FOB Los Angeles, meaning free on board, made this portion of agreement not only price term covering
defendant's obligation to pay freight charges between Los Angeles and Westport, but also controlling factor putting on
him risk of loss of merchandise upon delivery to the carrier. 5 Conn. Cir. Ct. 597.
Subsec. (1):
Cited. 207 C. 599.