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:
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
obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.
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 chapter (§ 47-2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.
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.
Structure 2021 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Part 3 - General Obligation and Construction of Contract
§ 47-2-301. General Obligation of Parties
§ 47-2-303. Allocation or Division of Risks
§ 47-2-307. Delivery in Single Lot or Several Lots
§ 47-2-308. Absence of Specified Place for Delivery
§ 47-2-310. Open Time for Payment or Running of Credit — Authority to Ship Under Reservation
§ 47-2-312. Warranty of Title and Against Infringement — Buyer's Obligation Against Infringement
§ 47-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 47-2-314. Implied Warranty — Merchantability — Usage of Trade
§ 47-2-315. Implied Warranty — Fitness for Particular Purpose — Exception for Certain Livestock
§ 47-2-316. Exclusion or Modification of Warranties
§ 47-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 47-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 47-2-319. o.b. and f.a.s. Terms
§ 47-2-320. i.f. and C. & F. Terms
§ 47-2-323. Form of Bill of Lading Required in Overseas Shipment — “overseas.”
§ 47-2-324. “No Arrival, No Sale” Term
§ 47-2-326. Sale on Approval and Sale or Return — Consignment Sales and Rights of Creditors
§ 47-2-327. Special Incidents of Sale on Approval and Sale or Return