New Jersey § 12a:2-319

§ 12a:2-319.

(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 (12A: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 Chapter (12A: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 Chapter on the form of bill

of lading (12A: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 Chapter (12A: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.