400.2-319. F.O.B. and F.A.S. terms. - Missouri Statutes

F.O.B. and F.A.S. terms.

400.2-319. (1) Unless otherwise agreed the term "F.O.B."(which means "free on board") at a named place, even though usedonly in connection with the stated price, is a delivery termunder which

(a) when the term is F.O.B. the place of shipment, theseller must at that place ship the goods in the manner providedin this article (section 400.2-504) and bear the expense and riskof putting them into the possession of the carrier; or

(b) when the term is F.O.B. the place of destination, theseller must at his own expense and risk transport the goods tothat place and there tender delivery of them in the mannerprovided in this article (section 400.2-503);

(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 hisown expense and risk load the goods on board. If the term isF.O.B. vessel the buyer must name the vessel and in anappropriate case the seller must comply with the provisions ofthis article on the form of bill of lading (section 400.2-323).

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

(a) at his own expense and risk deliver the goods alongsidethe vessel in the manner usual in that port or on a dockdesignated and provided by the buyer; and

(b) obtain and tender a receipt for the goods in exchangefor which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling withinsubsection (1)(a) or (c) or subsection (2) the buyer mustseasonably give any needed instructions for making delivery,including when the term is F.A.S. or F.O.B. the loading berth ofthe vessel and in an appropriate case its name and sailing date.The seller may treat the failure of needed instructions as afailure of cooperation under this article (section 400.2-311).He may also at his option move the goods in any reasonable mannerpreparatory to delivery or shipment.

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

(L. 1963 p. 503 § 2-319)