Section 45.02.319. F.O.B. and F.A.S. terms.

   (a) 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,
        (1) 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 AS 45.02.504 and bear the expense and risk of putting them into the possession of the carrier; or
        (2) when the term is F.O.B. the place of destination, the seller must, at the expense and risk of the seller, transport the goods to that place and there tender delivery of them in the manner provided in AS 45.02.503;
        (3) when under either (1) or (2) of this subsection the term is also F.O.B. vessel, car, or other vehicle, the seller must in addition, at the expense and risk of the seller, 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 on the form of bill of lading (AS 45.02.323).
   (b) 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
        (1) at the expense and risk of the seller deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and
        (2) obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.
   (c) Unless otherwise agreed, in a case falling within (a)(1) or (3) or (b) of this section, the buyer must seasonably give 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 AS 45.02.311.  The seller also has the option to move the goods in a reasonable manner preparatory to delivery or shipment.
   (d) 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 or the buyer demand delivery of the goods in substitution for the documents.

Authorities

45.02.311

Notes

References

AS 45.02.311 Options and cooperation respecting performance.

History

(Sec. 2.319 ch 114 SLA 1962)