Indiana Code
Chapter 2. Sales
26-1-2-319. f.o.b. and f.a.s. Terms

Sec. 319. (1) 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:
(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 IC 26-1-2-504 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 IC 26-1-2-503;
(c) when under either subdivision (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 IC 26-1-2-323 on the form of bill of lading.
(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), (1)(c), or (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 IC 26-1-2-311. 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 documents, and the seller may not tender nor the buyer demand delivery of the goods and substitution for the documents.
Formerly: Acts 1963, c.317, s.2-319. As amended by P.L.152-1986, SEC.137.

Structure Indiana Code

Indiana Code

Title 26. Commercial Law

Article 1. Uniform Commercial Code

Chapter 2. Sales

26-1-2-101. Short Title

26-1-2-102. Scope; Certain Security and Other Transactions Excluded From This Chapter

26-1-2-103. Definitions and Index of Definitions

26-1-2-104. "Merchant"; "Between Merchants"; "Financing Agency"

26-1-2-105. Transferability; "Goods"; "Future" Goods; "Lot"; "Commercial Unit"

26-1-2-106. "Contract"; "Agreement"; "Contract for Sale"; "Sale"; "Present Sale"; "Conforming" to Contract; "Termination"; "Cancellation"

26-1-2-107. Goods to Be Severed From Realty; Recording

26-1-2-201. Formal Requirements; Statute of Frauds

26-1-2-202. Final Written Expression; Parol or Extrinsic Evidence

26-1-2-203. Seals Inoperative

26-1-2-204. Formation in General

26-1-2-205. Firm Offers

26-1-2-206. Offer and Acceptance in Formation of Contract

26-1-2-207. Additional Terms in Acceptance or Confirmation

26-1-2-208. Repealed

26-1-2-209. Modification, Rescission, and Waiver

26-1-2-210. Delegation of Performance; Assignment of Rights

26-1-2-301. General Obligations of Parties

26-1-2-302. Unconscionable Contract or Clause

26-1-2-303. Allocation or Division of Risks

26-1-2-304. Price Payable in Money, Goods, Realty, or Otherwise

26-1-2-305. Open Price Term

26-1-2-306. Output, Requirements, and Exclusive Dealings

26-1-2-307. Delivery in Single Lot or Several Lots

26-1-2-308. Absence of Specified Place for Delivery

26-1-2-309. Absence of Specific Time Provisions; Notice of Termination

26-1-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

26-1-2-311. Options and Cooperation Respecting Performance

26-1-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

26-1-2-313. Express Warranties by Affirmation, Promise, Description, and Sample

26-1-2-314. Implied Warranty; Merchantability; Usage of Trade

26-1-2-315. Implied Warranty; Fitness for Particular Purpose

26-1-2-316. Exclusion or Modification of Warranties

26-1-2-317. Cumulation and Conflict of Warranties Express or Implied

26-1-2-318. Third Party Beneficiaries of Warranties Express or Implied

26-1-2-319. f.o.b. and f.a.s. Terms

26-1-2-320. c.i.f. and c.&f. Terms

26-1-2-321. c.i.f. or c.&f.; "Net Landed Weights"; Payment on Arrival; Warranty of Condition on Arrival

26-1-2-322. Delivery "Ex-Ship"

26-1-2-323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"

26-1-2-324. "No Arrival, No Sale"

26-1-2-325. "Letter of Credit"; "Confirmed Credit"

26-1-2-326. Sale on Approval and Sale or Return

26-1-2-327. Special Incidents of Sale on Approval and Sale or Return

26-1-2-328. Sale by Auction

26-1-2-401. Passing of Title; Reservation of Security; Limited Application of This Section

26-1-2-402. Rights of Seller's Creditors Against Sold Goods

26-1-2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting"

26-1-2-501. Insurable Interest in Goods; Manner of Identification of Goods

26-1-2-502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency

26-1-2-503. Manner of Seller's Tender of Delivery

26-1-2-504. Shipment by Seller

26-1-2-505. Seller's Shipment Under Reservation

26-1-2-506. Rights of Financing Agency

26-1-2-507. Effect of Seller's Tender; Delivery on Condition

26-1-2-508. Cure by Seller of Improper Tender or Delivery; Replacement

26-1-2-509. Risk of Loss in the Absence of Breach

26-1-2-510. Effect of Breach on Risk of Loss

26-1-2-511. Tender of Payment by Buyer; Payment by Check

26-1-2-512. Payment by Buyer Before Inspection

26-1-2-513. Buyer's Right of Inspection of Goods

26-1-2-514. When Documents Deliverable on Acceptance; When on Payment

26-1-2-515. Preserving Evidence of Goods in Dispute

26-1-2-601. Buyer's Rights on Improper Delivery

26-1-2-602. Manner and Effect of Rightful Rejection

26-1-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods

26-1-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods

26-1-2-605. Waiver of Buyer's Objections by Failure to Particularize

26-1-2-606. What Constitutes Acceptance of Goods

26-1-2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

26-1-2-608. Revocation of Acceptance in Whole or in Part

26-1-2-609. Right to Adequate Assurance of Performance

26-1-2-610. Anticipatory Repudiation

26-1-2-611. Retraction of Anticipatory Repudiation

26-1-2-612. "Instalment Contract"; Breach

26-1-2-613. Casualty to Identified Goods

26-1-2-614. Substituted Performance

26-1-2-615. Excuse by Failure of Presupposed Conditions

26-1-2-616. Procedure on Notice Claiming Excuse

26-1-2-701. Remedies for Breach of Collateral Contracts Not Impaired

26-1-2-702. Seller's Remedies on Discovery of Buyer's Insolvency

26-1-2-703. Seller's Remedies in General

26-1-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods

26-1-2-705. Seller's Stoppage of Delivery in Transit or Otherwise

26-1-2-706. Seller's Resale, Including Contract for Resale

26-1-2-707. "Person in the Position of a Seller"

26-1-2-708. Seller's Damages for Nonacceptance or Repudiation

26-1-2-709. Action for the Price

26-1-2-710. Seller's Incidental Damages

26-1-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods

26-1-2-712. "Cover"; Buyer's Procurement of Substitute Goods

26-1-2-713. Buyer's Damages for Nondelivery or Repudiation

26-1-2-714. Buyer's Damages for Breach in Regard to Accepted Goods

26-1-2-715. Buyer's Incidental and Consequential Damages

26-1-2-716. Buyer's Right to Specific Performance or Replevin

26-1-2-717. Deduction of Damages From the Price

26-1-2-718. Liquidation or Limitation of Damages; Deposits

26-1-2-719. Contractual Modification or Limitation of Remedy

26-1-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach

26-1-2-721. Remedies for Fraud

26-1-2-722. Who Can Sue Third Parties for Injury to Goods

26-1-2-723. Proof of Market Price; Time and Place

26-1-2-724. Admissibility of Market Quotations

26-1-2-725. Statute of Limitations in Contracts for Sale