Indiana § 26-1-2-319 F.O.B. and F.A.S. terms

Indiana Statutes

§ 26-1-2-319 — F.O.B. and F.A.S. terms

Indiana § 26-1-2-319

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2Sales

This text of Indiana § 26-1-2-319 (F.O.B. and F.A.S. terms) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2-319 (2026).

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 IC 26-1-2-504 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 IC 26-1-2-503;

(c)when under either subdivision (a) or (b) 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

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(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 IC 26-1-2-504 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 IC 26-1-2-503;
(c) when under either subdivision (a) or (b) 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 IC 26-1-2-323 on
the form of bill of lading.
(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), (1)(c), or (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, 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 IC 26-1-2-311. 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 and substitution for the documents.
Formerly: Acts 1963, c.317, s.2-319. As amended by
P.L.152-1986, SEC.137.