Revised Code of Washington
Chapter 62A.2 - Sales.
62A.2-319 - F.O.B. and F.A.S. terms.

RCW 62A.2-319
F.O.B. and F.A.S. terms.

(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 this Article (RCW 62A.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 or her own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this Article (RCW 62A.2-503);
(c) When under either (a) or (b) of this subsection the term is also F.O.B. vessel, car, or other vehicle, the seller must in addition at his or her 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 Article on the form of bill of lading (RCW 62A.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 or her 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 (2) of this section, 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 Article (RCW 62A.2-311). He or she may also at his or her 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 in substitution for the documents.

[ 2013 c 23 § 136; 1965 ex.s. c 157 § 2-319.]

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.2 - Sales.

62A.2-101 - Short title.

62A.2-102 - Scope; certain security and other transactions excluded from this Article.

62A.2-103 - Definitions and index of definitions.

62A.2-104 - Definitions: "Merchant"; "between merchants"; "financing agency".

62A.2-105 - Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit".

62A.2-106 - Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation".

62A.2-107 - Goods to be severed from realty: Recording.

62A.2-201 - Formal requirements; statute of frauds.

62A.2-202 - Final written expression: Parol or extrinsic evidence.

62A.2-203 - Seals inoperative.

62A.2-204 - Formation in general.

62A.2-205 - Firm offers.

62A.2-206 - Offer and acceptance in formation of contract.

62A.2-207 - Additional terms in acceptance or confirmation.

62A.2-209 - Modification, rescission and waiver.

62A.2-210 - Delegation of performance; assignment of rights.

62A.2-301 - General obligations of parties.

62A.2-302 - Unconscionable contract or clause.

62A.2-303 - Allocation or division of risks.

62A.2-304 - Price payable in money, goods, realty, or otherwise.

62A.2-305 - Open price term.

62A.2-306 - Output, requirements and exclusive dealings.

62A.2-307 - Delivery in single lot or several lots.

62A.2-308 - Absence of specified place for delivery.

62A.2-309 - Absence of specific time provisions; notice of termination.

62A.2-310 - Open time for payment or running of credit; authority to ship under reservation.

62A.2-311 - Options and cooperation respecting performance.

62A.2-312 - Warranty of title and against infringement; buyer's obligation against infringement.

62A.2-313 - Express warranties by affirmation, promise, description, sample.

62A.2-314 - Implied warranty: Merchantability; usage of trade.

62A.2-315 - Implied warranty: Fitness for particular purpose.

62A.2-316 - Exclusion or modification of warranties.

62A.2-317 - Cumulation and conflict of warranties express or implied.

62A.2-318 - Third-party beneficiaries of warranties express or implied.

62A.2-319 - F.O.B. and F.A.S. terms.

62A.2-320 - C.I.F. and C.&F. terms.

62A.2-321 - C.I.F. or C.&F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.

62A.2-322 - Delivery "ex-ship".

62A.2-323 - Form of bill of lading required in overseas shipment; "overseas".

62A.2-324 - "No arrival, no sale" term.

62A.2-325 - "Letter of credit" term; "confirmed credit".

62A.2-326 - Sale on approval and sale or return; rights of creditors.

62A.2-327 - Special incidents of sale on approval and sale or return.

62A.2-328 - Sale by auction.

62A.2-401 - Passing of title; reservation for security; limited application of this section.

62A.2-402 - Rights of seller's creditors against sold goods.

62A.2-403 - Power to transfer; good faith purchase of goods; "entrusting".

62A.2-501 - Insurable interest in goods; manner of identification of goods.

62A.2-502 - Buyer's right to goods on seller's insolvency.

62A.2-503 - Manner of seller's tender of delivery.

62A.2-504 - Shipment by seller.

62A.2-505 - Seller's shipment under reservation.

62A.2-506 - Rights of financing agency.

62A.2-507 - Effect of seller's tender; delivery on condition.

62A.2-508 - Cure by seller of improper tender or delivery; replacement.

62A.2-509 - Risk of loss in the absence of breach.

62A.2-510 - Effect of breach on risk of loss.

62A.2-511 - Tender of payment by buyer; payment by check.

62A.2-512 - Payment by buyer before inspection.

62A.2-513 - Buyer's right to inspection of goods.

62A.2-514 - When documents deliverable on acceptance; when on payment.

62A.2-515 - Preserving evidence of goods in dispute.

62A.2-601 - Buyer's rights on improper delivery.

62A.2-602 - Manner and effect of rightful rejection.

62A.2-603 - Merchant buyer's duties as to rightfully rejected goods.

62A.2-604 - Buyer's options as to salvage of rightfully rejected goods.

62A.2-605 - Waiver of buyer's objections by failure to particularize.

62A.2-606 - What constitutes acceptance of goods.

62A.2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

62A.2-608 - Revocation of acceptance in whole or in part.

62A.2-609 - Right to adequate assurance of performance.

62A.2-610 - Anticipatory repudiation.

62A.2-611 - Retraction of anticipatory repudiation.

62A.2-612 - "Installment contract"; breach.

62A.2-613 - Casualty to identified goods.

62A.2-614 - Substituted performance.

62A.2-615 - Excuse by failure of presupposed conditions.

62A.2-616 - Procedure on notice claiming excuse.

62A.2-701 - Remedies for breach of collateral contracts not impaired.

62A.2-702 - Seller's remedies on discovery of buyer's insolvency.

62A.2-703 - Seller's remedies in general.

62A.2-704 - Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

62A.2-705 - Seller's stoppage of delivery in transit or otherwise.

62A.2-706 - Seller's resale including contract for resale.

62A.2-707 - "Person in the position of a seller".

62A.2-708 - Seller's damages for non-acceptance or repudiation.

62A.2-709 - Action for the price.

62A.2-710 - Seller's incidental damages.

62A.2-711 - Buyer's remedies in general; buyer's security interest in rejected goods.

62A.2-712 - "Cover"; buyer's procurement of substitute goods.

62A.2-713 - Buyer's damages for non-delivery or repudiation.

62A.2-714 - Buyer's damages for breach in regard to accepted goods.

62A.2-715 - Buyer's incidental and consequential damages.

62A.2-716 - Buyer's right to specific performance or replevin.

62A.2-717 - Deduction of damages from the price.

62A.2-718 - Liquidation or limitation of damages; deposits.

62A.2-719 - Contractual modification or limitation of remedy.

62A.2-720 - Effect of "cancellation" or "rescission" on claims for antecedent breach.

62A.2-721 - Remedies for fraud.

62A.2-722 - Who can sue third parties for injury to goods.

62A.2-723 - Proof of market price: Time and place.

62A.2-724 - Admissibility of market quotations.

62A.2-725 - Statute of limitations in contracts for sale.