J. MILLARD TAWES, Governor                      807

(b)  A sample from an existing bulk displaces inconsistent general
language of description.

(c)  Express warranties displace inconsistent implied warranties
other than an implied warranty of fitness for a particular purpose.

2—318. Third Party Beneficiaries of Warranties Express or Implied.

A seller's warranty whether express or implied extends to any
natural person who is in the family or household of his buyer or who
is a guest in his home if it is reasonable to expect that such person
may use, consume or be affected by the goods and who is injured in
person by breach of the warranty. A seller may not exclude or limit
the operation of this section.

2—319. F. O. B. and F. A. S. Terms.

(1)   Unless otherwise agreed the term F. 0. 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 Sub-
title (Section 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
Sub-title (Section 2—503);

(c)  when under either (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 this Sub-title on the form of bill
of lading (Section 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 connec-
tion 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 sub-section
(1) (a) or (c) or sub-section (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 appro-
priate case its name and sailing date. The seller may treat the failure
of needed instructions as a failure of cooperation under this Sub-title
(Section 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