Arkansas Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-319. F.O.B. and F.A.S. terms

(a) Unless otherwise agreed the terms 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
(1) 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 chapter (§ 4-2-504) and bear the expense and risk of putting them into the possession of the carrier; or
(2) 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 chapter (§ 4-2-503);
(3) 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 chapter on the form of bill of lading (§ 4-2-323).

(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
(1) 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
(2) 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 (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 (§ 4-2-311). 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.
History. Acts 1961, No. 185, § 2-319; A.S.A. 1947, § 85-2-319.

Structure Arkansas Code

Arkansas Code

Title 4 - Business and Commercial Law

Subtitle 1 - Uniform Commercial Code

Chapter 2 - Sales

Part 3 - General Obligation and Construction of Contract

§ 4-2-301. General obligation of parties

§ 4-2-302. Unconscionable contract or clause

§ 4-2-303. Allocation or division of risks

§ 4-2-304. Price payable in money, goods, realty, or otherwise

§ 4-2-305. Open price term

§ 4-2-306. Output, requirements, and exclusive dealings

§ 4-2-307. Delivery in single lot or several lots

§ 4-2-308. Absence of specified place for delivery

§ 4-2-309. Absence of specific time provisions — Notice of termination

§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation

§ 4-2-311. Options and cooperation respecting performance

§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement

§ 4-2-313. Express warranties by affirmation, promise, description, sample

§ 4-2-314. Implied warranty — Merchantability — Usage of trade

§ 4-2-315. Implied warranty — Fitness for particular purpose

§ 4-2-316. Exclusion or modification of warranties

§ 4-2-317. Cumulation and conflict of warranties express or implied

§ 4-2-318. Third party beneficiaries of warranties express or implied

§ 4-2-319. F.O.B. and F.A.S. terms

§ 4-2-320. C.I.F. and C. & F. terms

§ 4-2-321. C.I.F. or C. & F. — “Net landed weights” — “Payment on arrival” — Warranty of condition on arrival

§ 4-2-322. Delivery “ex-ship”

§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”

§ 4-2-324. “No arrival, no sale” term

§ 4-2-325. “Letter of credit” term — “Confirmed credit”

§ 4-2-326. Sale on approval and sale or return — Rights of creditors

§ 4-2-327. Special incidents of sale on approval and sale or return

§ 4-2-328. Sale by auction