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) of this Code 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 (Code Section 11-2-311). 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.
(Code 1933, § 109A-2 - 319, enacted by Ga. L. 1962, p. 156, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Increased freight rates after contract made.
- Absent contrary agreement, seller bears risk and expense of increased freight rates after contract is made. 1969 Op. Att'y Gen. No. 69-1.
RESEARCH REFERENCES
Am. Jur. 2d.
- 67 Am. Jur. 2d, Sales, §§ 566-575.
6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:135.
C.J.S.- 77A C.J.S., Sales, §§ 94 et seq., 168.
U.L.A.- Uniform Commercial Code (U.L.A.) § 2-319.
ALR.
- What amounts to delivery f.o.b., 16 A.L.R. 597.
F.O.B. provision in sale contract as affecting time or place of passing of title, 101 A.L.R. 292.