MARVIN MANDEL, Governor

117

warranty. A seller may not exclude or limit the
operation of this section.

2—319. F. O. B. And F. A. S. terns.

(1)  Unless otherwise agreed the tern 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 tern 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 [subtitle] TITLE (§ 2—504)
and bear the expense and risk of putting them into the
possession of the carrier; or

(b)  then 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 then in the manner provided in this
£ subtitle] TITLE (§ 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 [subtitle]
TITLE on the form of bill of lading (§ 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 (c) or subsection (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 this (subtitle] TITLE (§ 2-311). He
may also at his option move the goods in any reasonable
manner preparatory to delivery or shipment.