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State Statutes - Idaho - Title 28 - Chapter 2 - 28-2-319
Idaho Statutes
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28-2-319 - 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 chapter (section
28-2-504) 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 this chapter (section
28-2-503);
(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 chapter on the form of bill of lading (section
28-2-323).
(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 chapter (section 28-2-311). 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 in
substitution for the documents.
 
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