Florida Statute 672.319 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 672.319

Annotations, Discussions, Cases:

Cases Citing Statute 672.319

Total Results: 5

Aetna Life & Cas. Co. v. Therm-O-Disc, Inc.

488 So. 2d 83, 11 Fla. L. Weekly 388

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 1685340

Cited 9 times | Published

property damage was alleged. 481 So.2d at 1306. [7] § 672.319(1)(a), Fla. Stat. (1981).

Wetzel v. Fisherman's Wharf of Pompano Beach, Inc.

771 So. 2d 1195, 2000 WL 1532811

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1701143

Cited 5 times | Published

NOTES [1] The Uniform Commercial Code-Sales, section 672.319(1)(a), Florida Statutes (1999), provides:

Pier Point Developers, LLC v. Whitelaw

912 So. 2d 18, 2005 WL 957596

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1649115

Cited 4 times | Published

them into the possession of the carrier;. . . § 672.319(1)(a), Fla. Stat. (2003). Additionally, section

Ladex Corp. v. Transportes Aereos Nacionales

476 So. 2d 763, 10 Fla. L. Weekly 2353

District Court of Appeal of Florida | Filed: Oct 15, 1985 | Docket: 1681433

Cited 2 times | Published

[destination]." Pestana, 367 So.2d at 1099. See § 672.319, Fla. Stat. (1981). It should be pointed out,

Boyman v. Stuart Hatteras, Inc.

527 So. 2d 853, 7 U.C.C. Rep. Serv. 2d (West) 758, 13 Fla. L. Weekly 1366, 1988 Fla. App. LEXIS 2350, 1988 WL 56511

District Court of Appeal of Florida | Filed: Jun 8, 1988 | Docket: 529768

Cited 1 times | Published

the boat reaching its destination in Stuart. § 672.319, Fla. Stat. (1985). See also Pestana v. Karinol