The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.319

672.319 “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 chapter (s. 672.504) 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 her or his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this chapter (s. 672.503);

(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 her or 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 chapter on the form of bill of lading (s. 672.323).

(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 her or 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 chapter (s. 672.311). The seller may also at her or 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.

History.—s. 1, ch. 65-254; s. 568, ch. 97-102.

Note.—s. 2-319, U.C.C.

F.S. 672.319 on Google Scholar

F.S. 672.319 on Casetext

Amendments to 672.319

Arrestable Offenses / Crimes under Fla. Stat. 672.319

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.319.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PIER POINT DEVELOPERS, L. L. C. a v. R. WHITELAW,, 912 So. 2d 18 (Fla. Dist. Ct. App. 2005)

. . . chapter (s. 672.504) and bear the expense and risk of putting them into the possession of the carrier; § 672.319 . . .

WETZEL, v. FISHERMAN S WHARF OF POMPANO BEACH, INC. a By- a a a C. T. a, 771 So. 2d 1195 (Fla. Dist. Ct. App. 2000)

. . . The Uniform Commercial Code-Sales, section 672.319(l)(a), Florida Statutes (1999), provides: (1) Unless . . .

BOYMAN v. STUART HATTERAS, INC., 527 So. 2d 853 (Fla. Dist. Ct. App. 1988)

. . . . § 672.319, Fla.Stat. (1985). See also Pestana v. . . .

AETNA LIFE CASUALTY COMPANY, v. THERM- O- DISC, INC., 488 So. 2d 83 (Fla. Dist. Ct. App. 1986)

. . . . § 672.319(l)(a), Fla.Stat. (1981). . . .

LADEX CORPORATION, d u b o v. TRANSPORTES AEREOS NACIONALES, S. A. d b a, 476 So. 2d 763 (Fla. Dist. Ct. App. 1985)

. . . See § 672.319, Fla.Stat. (1981). . . .

DEPARTMENT OF REVENUE, v. U. S. SUGAR CORPORATION, UNITED STATES SUGAR CORPORATION, v. DEPARTMENT OF REVENUE, 388 So. 2d 596 (Fla. Dist. Ct. App. 1980)

. . . Sections 672.319(l)(a), 672.504 and 672.-509(l)(a). . . .

PRODUCTOS CARNIC, S. A. a v. CENTRAL AMERICAN BEEF AND SEAFOOD TRADING COMPANY, a v. UNITED STATES COLD STORAGE, a, 621 F.2d 683 (5th Cir. 1980)

. . . . § 672.319 (U.C.C. § 2-319), passing title to CABS at the time the beef left Nicaragua. . . .

J. PESTANA, B. v. KARINOL CORPORATION, 367 So. 2d 1096 (Fla. Dist. Ct. App. 1979)

. . . See §§ 672.319, 672.320, Fla. Stat.(1977). . . .