§490:2-319  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 490:2-504) 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 490:2-503);



(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
490:2-323).



(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
490:2-311).  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. [L 1965, c 208, §2-319; HRS
§490:2-319]