2010 New York Code
UCC - Uniform Commercial Code
Article 2 - SALES
Part 3 - (2-301 - 2-328) GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
2-319 - F. O. B. and F. A. S. Terms.

Section 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  (Section 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 Article (Section 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 Article on  the  form  of  bill  of  lading  (Section
             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 Article (Section
  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.