This text of New York § 2-319 (F) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Section 2--319.
F.
O.
B.and F.
A.
S.Terms.\n (1) Unless otherwise agreed the term F.
O.
B.(which means "free on\nboard") at a named place, even though used only in connection with the\nstated price, is a delivery term under which\n (a) when the term is F.
O.
B.the place of shipment, the seller\n must at that place ship the goods in the manner provided in\n this Article (Section 2--504) and bear the expense and risk\n of putting them into the possession of the carrier; or\n (b) when the term is F.
O.
B.the place of destination, the\n seller must at his own expense and risk transport the goods\n to that place and there tender delivery of them in the manner\n provided in this Article (Section 2--503);\n (c) wh
Free access — add to your briefcase to read the full text and ask questions with AI
Section 2--319. F. O. B. and F. A. S. Terms.\n (1) Unless otherwise agreed the term F. O. B. (which means "free on\nboard") at a named place, even though used only in connection with the\nstated price, is a delivery term under which\n (a) when the term is F. O. B. the place of shipment, the seller\n must at that place ship the goods in the manner provided in\n this Article (Section 2--504) and bear the expense and risk\n of putting them into the possession of the carrier; or\n (b) when the term is F. O. B. the place of destination, the\n seller must at his own expense and risk transport the goods\n to that place and there tender delivery of them in the manner\n provided in this Article (Section 2--503);\n (c) when under either (a) or (b) the term is also F. O. B.\n vessel, car or other vehicle, the seller must in addition at\n his own expense and risk load the goods on board. If the term\n is F. O. B. vessel the buyer must name the vessel and in an\n appropriate case the seller must comply with the provisions\n of this Article on the form of bill of lading (Section\n 2--323).\n (2) Unless otherwise agreed the term F. A. S. vessel (which means\n"free alongside") at a named port, even though used only in connection\nwith the stated price, is a delivery term under which the seller must\n (a) at his own expense and risk deliver the goods alongside the\n vessel in the manner usual in that port or on a dock\n designated and provided by the buyer; and\n (b) obtain and tender a receipt for the goods in exchange for\n which the carrier is under a duty to issue a bill of lading.\n (3) Unless otherwise agreed in any case falling within subsection (1)\n(a) or (c) or subsection (2) the buyer must seasonably give any needed\ninstructions for making delivery, including when the term is F. A. S.\nor F. O. B. the loading berth of the vessel and in an appropriate case\nits name and sailing date. The seller may treat the failure of needed\ninstructions as a failure of cooperation under this Article (Section\n2--311). He may also at his option move the goods in any reasonable\nmanner preparatory to delivery or shipment.\n (4) Under the term F. O. B. vessel or F. A. S. unless otherwise agreed\nthe buyer must make payment against tender of the required documents and\nthe seller may not tender nor the buyer demand delivery of the goods in\nsubstitution for the documents.\n