KRS 355.2-319: 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 pla ce

ship the goods in the manner provided in this article (KRS 355.2 -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 (KRS 355.2-503);

(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 expens e 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 (KRS 355.2-323).

(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 with in 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 (KRS 355.2 -

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.