§ 34.1-2-319 — F.O.B. and F.A.S. terms

Wyoming § 34.1-2-319

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 2: SALES

Text

(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:
(i) 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 34.1-2-504) and bear the
expense and risk of putting them into the possession of the
carrier; or
(ii) 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
34.1-2-503);
(iii) When under either subdivision (i) or (ii) 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 34.1-2-323).
(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:
(i) 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
(ii) 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 any case falling within
subsection (a)(i) or (iii) or subsection (b) 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 34.1-2-311).
He may also at his option move the goods in any 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 nor the
buyer demand delivery of the goods in substitution for the
documents.