§ 25-2-319. F.O.B. and F.A.S. terms.
§25‑2‑319. F.O.B. and F.A.S. terms.
(1) Unless otherwiseagreed the term F.O.B. (which means "free on board") at a namedplace, even though used only in connection with the stated price, is a deliveryterm under which
(a) when the term isF.O.B. the place of shipment, the seller must at that place ship the goods inthe manner provided in this article (G.S. 25‑2‑504) and bear theexpense and risk of putting them into the possession of the carrier; or
(b) when the term isF.O.B. the place of destination, the seller must at his own expense and risktransport the goods to that place and there tender delivery of them in themanner provided in this article (G.S. 25‑2‑503);
(c) when under either(a) or (b) the term is also F.O.B. vessel, car or other vehicle, the sellermust in addition at his own expense and risk load the goods on board. If theterm is F.O.B. vessel the buyer must name the vessel and in an appropriate casethe seller must comply with the provisions of this article on the form of billof lading (G.S. 25‑2‑323).
(2) Unless otherwiseagreed the term F.A.S. vessel (which means "free alongside") at anamed port, even though used only in connection with the stated price, is adelivery term under which the seller must
(a) at his own expenseand risk deliver the goods alongside the vessel in the manner usual in thatport or on a dock designated and provided by the buyer; and
(b) obtain and tender areceipt for the goods in exchange for which the carrier is under a duty toissue a bill of lading.
(3) Unless otherwiseagreed 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 andin an appropriate case its name and sailing date. The seller may treat thefailure of needed instructions as a failure of cooperation under this article(G.S. 25‑2‑311). He may also at his option move the goods in anyreasonable manner preparatory to delivery or shipment.
(4) Under the termF.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make paymentagainst tender of the required documents and the seller may not tender nor thebuyer demand delivery of the goods in substitution for the documents. (1965,c. 700, s. 1.)