§ 4-2-319 — F.O.B. and F.A.S. terms

Colorado § 4-2-319

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(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 this article (section 4-2-504) 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 this article (section 4-2-503);

(c) When under either paragraph (a) or (b) of this subsection 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
this article on the form of bill of lading (section 4-2-323).

(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
(1)(c) or subsection (2) of this section, 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
this article (section 4-2-311). 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.

Legislative History

Source: L. 65: p. 1313, � 1. C.R.S. 1963: � 155-2-319.