8.2-319 - F.O.B. and F.A.S. terms. - Virginia Statutes

§ 8.2-319. 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 thatplace ship the goods in the manner provided in this title (§ 8.2-504) andbear 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 hisown expense and risk transport the goods to that place and there tenderdelivery of them in the manner provided in this title (§ 8.2-503):

(c) when under either (a) or (b) the term is also F.O.B. vessel, car or othervehicle, the seller must in addition at his own expense and risk load thegoods on board. If the term is F.O.B. vessel the buyer must name the vesseland in an appropriate case the seller must comply with the provisions of thistitle on the form of bill of lading (§ 8.2-323).

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

(a) at his own expense and risk deliver the goods alongside the vessel in themanner 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 thecarrier 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 instructionsfor making delivery, including when the term is F.A.S. or F.O.B. the loadingberth of the vessel and in an appropriate case its name and sailing date. Theseller may treat the failure of needed instructions as a failure ofcooperation under this title (§ 8.2-311). He may also at his option move thegoods 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 buyermust make payment against tender of the required documents and the seller maynot tender nor the buyer demand delivery of the goods in substitution for thedocuments.

(1964, c. 219.)