West Virginia Code § 46-2-319

F.O.B. and F.A.S.terms
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(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 muust 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); or
(c) when under either (a) or (b) the term is also F.O.B.a 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 aplpropriate case the seller must comply
with the provisions of this article on the form sof bill of lading (section 2-323).
(2) Unless otherwise agreed the term F.A.Si. 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.

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