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https://www.shippingsolutions.com/blog/terms-of-trade-uniform-commercial-code-and-incoterms-2020
Mar 27, 2017 · The definition of these terms, as well as a few others, derive from a combination of (1) the provisi ons of the Uniform Commercial Code, Article 2 (the UCC), (2) the National Motor Freight Classification (NMFC), and (3) industry usage.
http://purchasingnegotiationtraining.com/supplier-contract-management/meaning-of-freight-terms-specified-in-the-uniform-commercial-code-ucc/
First, understand that, delivery according to the UCC, is an intangible concept. Delivery occurs when and where the seller voluntarily transfers effective ownership of goods to the buyer. Once delivered, the rights of ownership and risk of loss rests with the buyer.
https://www.law.cornell.edu/ucc/2/2-319
(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.
https://www.incotermsexplained.com/the-incoterms-rules/the-us-view/
First published in 1952, UCC covers many aspects of commercial contracts. It contains “shipment and delivery” provisions that have similar aims to those of the Incoterms rules. Some UCC expressions have the same three-letter abbreviations as those within the Incoterms system; but their definitions …
https://www.law.cornell.edu/ucc/2/2-504
‹ § 2-503. Manner of Seller's Tender of Delivery. up § 2-505. Seller's Shipment Under Reservation.
https://www.nolo.com/legal-encyclopedia/sellers-performance-under-the-ucc.html
Under the UCC, a seller’s primary obligation is "tender of delivery." In other words, delivering the goods to the buyer. In some cases, tender of delivery will involve the seller shipping or otherwise transporting goods to the buyer. In other cases, it may mean that the seller holds the goods where the buyer can take possession of them.
https://www.law.cornell.edu/ucc/2/2-308
‹ § 2-307. Delivery in Single Lot or Several Lots. up § 2-309. Absence of Specific Time Provisions; Notice of Termination.
https://www.law.cornell.edu/ucc/2/2-503
(b) tender to the buyer of a non-negotiable document of title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and …
http://barnespc.com/news-risk-loss-shipments-governed-ucc.php
The Official Commentary confirms that the scope of this section is expressly limited to scenarios where there has been no breach by the seller. In the alternative, if the delivery fails to comply with the contract specifications, UCC 2-509 does not apply and the situation is governed by the provisions on effect of breach on risk of loss.
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