{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-319.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-319.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-319.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-319.html"}],"law_id":82484,"edition_id":1,"section_id":82484,"structure_id":13347,"section_number":"8.2-319","catch_line":"F.O.B. and F.A.S. terms","history":"1964, c. 219.","full_text":"1\n\nUnless 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 whicha\n\nwhen 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 title (§ 8.2-504) and bear the expense and risk of putting them into the possession of the carrier; orb\n\nwhen 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 title (§ 8.2-503):c\n\nwhen 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 title on the form of bill of lading (§ 8.2-323).2\n\nUnless 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 musta\n\nat 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; andb\n\nobtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.3\n\nUnless 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 title (§ 8.2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.4\n\nUnder 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.","order_by":null,"text":{"0":{"id":295526,"text":"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","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":295527,"text":"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 title (§ 8.2-504) and bear the expense and risk of putting them into the possession of the carrier; or","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":295528,"text":"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 title (§ 8.2-503):","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"1c"},"3":{"id":295529,"text":"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 title on the form of bill of lading (§ 8.2-323).","type":"section","prefixes":["1","c"],"prefix":"c","entire_prefix":"1c","prefix_anchor":"1c","level":2,"prior_prefix":"1b","next_prefix":"2"},"4":{"id":295530,"text":"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","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1c","next_prefix":"2a"},"5":{"id":295531,"text":"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","type":"section","prefixes":["2","a"],"prefix":"a","entire_prefix":"2a","prefix_anchor":"2a","level":2,"prior_prefix":"2","next_prefix":"2b"},"6":{"id":295532,"text":"obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.","type":"section","prefixes":["2","b"],"prefix":"b","entire_prefix":"2b","prefix_anchor":"2b","level":2,"prior_prefix":"2a","next_prefix":"3"},"7":{"id":295533,"text":"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 title (§ 8.2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2b","next_prefix":"4"},"8":{"id":295534,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13347,"edition_id":1,"name":"General Obligation and Construction of Contract","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":282005,"object_type":"structure","relational_id":13347,"identifier":"3","token":"8.2\/3","url":"\/8.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70824,"structure_id":13347,"section_number":"8.2-301","catch_line":"General obligations of parties","url":"\/8.2-301\/","token":"8.2\/3\/8.2-301","metadata":false},{"id":60131,"structure_id":13347,"section_number":"8.2-302","catch_line":"Unconscionable contract or clause","url":"\/8.2-302\/","token":"8.2\/3\/8.2-302","metadata":false},{"id":80974,"structure_id":13347,"section_number":"8.2-303","catch_line":"Allocation or division of risks","url":"\/8.2-303\/","token":"8.2\/3\/8.2-303","metadata":false},{"id":66647,"structure_id":13347,"section_number":"8.2-304","catch_line":"Price payable in money, goods, realty, or otherwise","url":"\/8.2-304\/","token":"8.2\/3\/8.2-304","metadata":false},{"id":70062,"structure_id":13347,"section_number":"8.2-305","catch_line":"Open price term","url":"\/8.2-305\/","token":"8.2\/3\/8.2-305","metadata":false},{"id":75282,"structure_id":13347,"section_number":"8.2-306","catch_line":"Output, requirements and exclusive dealings","url":"\/8.2-306\/","token":"8.2\/3\/8.2-306","metadata":false},{"id":61996,"structure_id":13347,"section_number":"8.2-307","catch_line":"Delivery in single lot or several lots","url":"\/8.2-307\/","token":"8.2\/3\/8.2-307","metadata":false},{"id":56146,"structure_id":13347,"section_number":"8.2-308","catch_line":"Absence of specified place for delivery","url":"\/8.2-308\/","token":"8.2\/3\/8.2-308","metadata":false},{"id":83587,"structure_id":13347,"section_number":"8.2-309","catch_line":"Absence of specific time provisions; notice of termination","url":"\/8.2-309\/","token":"8.2\/3\/8.2-309","metadata":false},{"id":82835,"structure_id":13347,"section_number":"8.2-310","catch_line":"Open time for payment or running of credit; authority to ship under reservation","url":"\/8.2-310\/","token":"8.2\/3\/8.2-310","metadata":false},{"id":68859,"structure_id":13347,"section_number":"8.2-311","catch_line":"Options and cooperation respecting performance","url":"\/8.2-311\/","token":"8.2\/3\/8.2-311","metadata":false},{"id":82723,"structure_id":13347,"section_number":"8.2-312","catch_line":"Warranty of title and against infringement; buyer's obligation against infringement","url":"\/8.2-312\/","token":"8.2\/3\/8.2-312","metadata":false},{"id":80432,"structure_id":13347,"section_number":"8.2-313","catch_line":"Express warranties by affirmation, promise, description, sample","url":"\/8.2-313\/","token":"8.2\/3\/8.2-313","metadata":false},{"id":68050,"structure_id":13347,"section_number":"8.2-314","catch_line":"Implied warranty: Merchantability; usage of trade","url":"\/8.2-314\/","token":"8.2\/3\/8.2-314","metadata":false},{"id":86545,"structure_id":13347,"section_number":"8.2-315","catch_line":"Implied warranty: Fitness for particular purpose","url":"\/8.2-315\/","token":"8.2\/3\/8.2-315","metadata":false},{"id":76874,"structure_id":13347,"section_number":"8.2-316","catch_line":"Exclusion or modification of warranties","url":"\/8.2-316\/","token":"8.2\/3\/8.2-316","metadata":false},{"id":59470,"structure_id":13347,"section_number":"8.2-317","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2-317\/","token":"8.2\/3\/8.2-317","metadata":false},{"id":54328,"structure_id":13347,"section_number":"8.2-317.1","catch_line":"Use of warranty registration cards","url":"\/8.2-317.1\/","token":"8.2\/3\/8.2-317.1","metadata":false},{"id":55090,"structure_id":13347,"section_number":"8.2-318","catch_line":"When lack of privity no defense in action against manufacturer or seller of goods","url":"\/8.2-318\/","token":"8.2\/3\/8.2-318","metadata":false},{"id":82484,"structure_id":13347,"section_number":"8.2-319","catch_line":"F.O.B. and F.A.S. terms","url":"\/8.2-319\/","token":"8.2\/3\/8.2-319","metadata":false},{"id":76323,"structure_id":13347,"section_number":"8.2-320","catch_line":"C.I.F. and C. & F. terms","url":"\/8.2-320\/","token":"8.2\/3\/8.2-320","metadata":false},{"id":55652,"structure_id":13347,"section_number":"8.2-321","catch_line":"C.I.F. or C. & F.: \"Net landed weights\"; \"payment on arrival\"; warranty of condition on arrival","url":"\/8.2-321\/","token":"8.2\/3\/8.2-321","metadata":false},{"id":63317,"structure_id":13347,"section_number":"8.2-322","catch_line":"Delivery \"ex-ship.\"","url":"\/8.2-322\/","token":"8.2\/3\/8.2-322","metadata":false},{"id":67730,"structure_id":13347,"section_number":"8.2-323","catch_line":"Form of bill of lading required in overseas shipment; \"Overseas.\"","url":"\/8.2-323\/","token":"8.2\/3\/8.2-323","metadata":false},{"id":70759,"structure_id":13347,"section_number":"8.2-324","catch_line":"\"No arrival, no sale\" term","url":"\/8.2-324\/","token":"8.2\/3\/8.2-324","metadata":false},{"id":54445,"structure_id":13347,"section_number":"8.2-325","catch_line":"\"Letter of credit\" term; \"confirmed credit.\"","url":"\/8.2-325\/","token":"8.2\/3\/8.2-325","metadata":false},{"id":65818,"structure_id":13347,"section_number":"8.2-326","catch_line":"Sale on approval and sale or return; rights of creditors","url":"\/8.2-326\/","token":"8.2\/3\/8.2-326","metadata":false},{"id":58489,"structure_id":13347,"section_number":"8.2-327","catch_line":"Special incidents of sale on approval and sale or return","url":"\/8.2-327\/","token":"8.2\/3\/8.2-327","metadata":false},{"id":80896,"structure_id":13347,"section_number":"8.2-328","catch_line":"Sale by auction","url":"\/8.2-328\/","token":"8.2\/3\/8.2-328","metadata":false}],"previous_section":{"id":55090,"structure_id":13347,"section_number":"8.2-318","catch_line":"When lack of privity no defense in action against manufacturer or seller of goods","url":"\/8.2-318\/","token":"8.2\/3\/8.2-318","metadata":false},"next_section":{"id":76323,"structure_id":13347,"section_number":"8.2-320","catch_line":"C.I.F. and C. & F. terms","url":"\/8.2-320\/","token":"8.2\/3\/8.2-320","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-319\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":68859,"section_number":"8.2-311","catch_line":"Options and cooperation respecting performance","order_by":null,"url":"\/8.2-311\/"}],"refers_to":[{"id":68859,"section_number":"8.2-311","catch_line":"Options and cooperation respecting performance","order_by":null,"url":"\/8.2-311\/"},{"id":67730,"section_number":"8.2-323","catch_line":"Form of bill of lading required in overseas shipment; \"Overseas.\"","order_by":null,"url":"\/8.2-323\/"},{"id":67744,"section_number":"8.2-503","catch_line":"Manner of seller's tender of delivery","order_by":null,"url":"\/8.2-503\/"},{"id":74031,"section_number":"8.2-504","catch_line":"Shipment by seller","order_by":null,"url":"\/8.2-504\/"}],"permalink":{"id":282083,"object_type":"law","relational_id":82484,"identifier":"8.2-319","token":"8.2\/3\/8.2-319","url":"\/8.2-319\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-319\/","token":"8.2\/3\/8.2-319","dublin_core":{"Title":"F.O.B. and F.A.S. terms","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-319","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Unless otherwise agreed the term F.O.B. (which means “free on board<\/span>”) at a named place, even though used only in connection with the stated price, is a delivery term under which <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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 title (§ 8.2-504<\/a>) and bear the expense and risk of putting them into the possession<\/span> of the carrier; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> 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 title (§ 8.2-503<\/a>): <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> 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 title on the form of bill of lading (§ 8.2-323<\/a>). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Unless otherwise agreed the term F.A.S. vessel (which means “free alongside<\/span>”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue<\/span> a bill of lading. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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 title (§ 8.2-311<\/a>). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nF.O.B. AND F.A.S. TERMS (\u00a7 8.2-319)\n\n1. Unless otherwise agreed the term F.O.B. (which means “free on\nboard”) at a named place, even though used only in connection with the\nstated price, is a delivery term under which\n\n a. when the term is F.O.B. the place of shipment, the seller must at that\n place ship the goods in the manner provided in this title (§ 8.2-504) and\n bear the expense and risk of putting them into the possession of the carrier;\n or\n\n b. when the term is F.O.B. the place of destination, the seller must at his\n own expense and risk transport the goods to that place and there tender\n delivery of them in the manner provided in this title (§ 8.2-503):\n\n c. when under either (a) or (b) the term is also F.O.B. vessel, car or other\n vehicle, the seller must in addition at his own expense and risk load the\n goods on board. If the term is F.O.B. vessel the buyer must name the vessel\n and in an appropriate case the seller must comply with the provisions of this\n title on the form of bill of lading (§ 8.2-323).\n\n2. Unless otherwise agreed the term F.A.S. vessel (which means “free\nalongside”) at a named port, even though used only in connection with the\nstated price, is a delivery term under which the seller must\n\n a. at his own expense and risk deliver the goods alongside the vessel in the\n manner usual in that port or on a dock designated and provided by the buyer;\n and\n\n b. obtain and tender a receipt for the goods in exchange for which the carrier\n is under a duty to issue a bill of lading.\n\n3. Unless otherwise agreed in any case falling within subsection (1) (a) or (c)\nor subsection (2) the buyer must seasonably give any needed instructions for\nmaking delivery, including when the term is F.A.S. or F.O.B. the loading berth\nof the vessel and in an appropriate case its name and sailing date. The seller\nmay treat the failure of needed instructions as a failure of cooperation under\nthis title (§ 8.2-311). He may also at his option move the goods in any\nreasonable manner preparatory to delivery or shipment.\n\n4. Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must\nmake payment against tender of the required documents and the seller may not\ntender nor the buyer demand delivery of the goods in substitution for the\ndocuments.\n\nHISTORY: 1964, c. 219.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}