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 Transportation
& International Trade.
Primus Law Office, P.A. has extensive
experience in the specialized area of transportation
law including the representation of shippers,
carriers, owner-operators, brokers and third party
logistic providers.
Brent Primus is an active member
of the Transportation Lawyers Association and
the Association of Transportation Law, Logistics
and Policy. He has served as President of the
Upper Midwest Chapter of Association of Transportation
Law, Logistics and Policy. He has also lectured
and presented seminars to local and national organizations
on litigation and transportation topics.
Brent was the recipient of the Transportation
Lawyer of the Year award awarded by the Transportation
Consumer Protection Counsel. Significant decisions
in which Primus Law Office, P.A. has represented
the prevailing party include General Mills,
Inc., 8 I.C.C. 2d 313; Wonderoast, Inc.,
8 I.C.C. 2d 272; Zurek Express, Inc. v.
Intermetro Industries Corp. 775 F. Supp. 1215;
The Bankruptcy Estate of United Shipping Company,
Inc. V. General Mills, Inc., 34 F.3d
1383 (8th Cir. 1994) and AVR v. Churchill
Truck Lines 915 F. Supp. 1025 (D.Minn. 1996).
Primus Law Office, P.A. has used
this experience to develop a set of model transportation
documents which may be purchased over the internet
at motorcarriercontracts.com.
Brent Primus has recently co-authored
with Catherine J. Petersen Uniform
Commercial Code vs. Incoterms 2000.
This publication analyzes and explains the "terms
of sale" used in both international and domestic
transactions. Selected U.C.C.
provisions relating to terms of sale may be
found below. Please see publications
for further information about the book and how
to order online.
Brent's co-author, Catherine J.
Petersen, maintains a website at www.train2export.com.
She offers a broad range of consulting services
with an emphasis on international trade.
In providing representation to the
transportation industry, Primus Law Office, P.A.
works closely with other service providers. These
relationships arise out of the fact that the solutions
to many problems require the proper blend of both
legal and operational expertise.
Rubenstein Logistics Services, Inc.
was founded by noted ICC Practitioner Samuel Rubenstein
over forty years ago. Its current president is
Bruce Hocum. Rubenstein Logistic Services, Inc.
may be reached at srftc.com.
Another source for transportation
news and information is ABM Transportation Services,
Inc., which is headed up by Hank Mullen. ABM Transportation
Services, Inc. may be reached at abmrate.com.
For More Information On:
Loss and Damage
Off-Bill Discounting
NAFTA
International and Marine Operations and Issues
Intermodal Operations
Rail Car Leases
Motor Carrier Certificates
Legislative and Regulatory Changes After January
1, 1996 for Motor Carriers!
Owner-Operators
Household Goods Carriers
or other transportation
and trade issues, please send inquiries to frontdesk@primuslawoffice.com
or call us at (612) 333-0909
Selected
UCC Provisions Relating to Terms of Sale as Adopted
By the State of Minnesota:
Minn
Statute § 336.2-319 F.O.B. and F.A.S. terms
Minnesota Statutes 2000, Table
of Chapters Table of contents for Chapter 336
336.2-319 F.O.B. and F.A.S. terms.
(1) Unless otherwise agreed
the terms 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 article (section 336.2-504) 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 pay for, and stand the risk
of, the transportation of the goods to that
place and there tender delivery of them in the
manner provided in this article (section 336.2-504);
(c) when under either (a) or (b) the term is
also F.O.B. vessel, car or other vehicle, the
seller must in addition pay for, and stand the
risk of, the loading of 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 (section
336.2-323).
(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) pay for, and stand the
risk of, the delivery of 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 article (section
336.2-311). The seller also has the option to
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. HIST: 1965 c 811 s 336.2-319;
1986 c 444 Copyright 2000 by the Office of Revisor
of Statutes, State of Minnesota.
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Minn Statute
§
336.2-320 C.F.F. and C.&F. terms
Minnesota Statutes 2000, Table
of Chapters Table of contents for Chapter 336
336.2-320 C.I.F. and C.&> F. terms.
(1) The term C.I.F. means
that the price includes in a lump sum the cost
of the goods and the insurance and freight to
the named destination. The term C.&> F. or C.F.
means that the price so includes cost and freight
to the named destination.
(2) Unless otherwise agreed
and even though used only in connection with the
stated price and destination, the term C.I.F.
destination or its equivalent requires the seller
to pay for, and stand the risk of
(a) putting the goods into
the possession of a carrier at the port for
shipment and obtaining a negotiable bill or
bills of lading covering the entire transportation
to the named destination; and
(b) loading the goods and obtaining a receipt
from the carrier (which may be contained in
the bill of lading) showing that the freight
has been paid or provided for; and
(c) obtaining a policy or certificate of insurance,
including any war risk insurance, of a kind
and on terms then current at the port of shipment
in the usual amount, in the currency of the
contract, shown to cover the same goods covered
by the bill of lading and providing for payment
of loss to the order of the buyer or for the
account of whom it may concern; but the seller
may add to the price the amount of the premium
for any such war risk insurance; and
(d) preparing an invoice of the goods and procuring
any other documents required to effect shipment
or to comply with the contract; and
(e) forwarding and tendering with commercial
promptness all the documents in due form and
with any endorsement necessary to perfect the
buyer's rights.
(3) Unless otherwise agreed
the term C.&> F. or its equivalent has the same
effect and imposes upon the seller the same obligations
and risks as a C.I.F. term except the obligation
as to insurance.
(4) Under the term C.I.F.
or C.&> F. 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. HIST: 1965 c 811 s 336.2-320; 1986
c 444 Copyright 2000 by the Office of Revisor
of Statutes, State of Minnesota.
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Minn
Statute § 336.2-401
Passing of title; etc.
Minnesota Statutes 2000, Table of Chapters Table
of contents for Chapter 336 336.2-401 Passing
of title; reservation for security; limited application
of this section. Each provision of this article
with regard to the rights, obligations and remedies
of the seller, the buyer, purchasers or other
third parties applies irrespective of title to
the goods except where the provision refers to
such title. Insofar as situations are not covered
by the other provisions of this article and matters
concerning title become material the following
rules apply:
(1) Title to goods cannot pass under a contract
for sale prior to their identification to the
contract (section 336.2-501), and unless otherwise
explicitly agreed the buyer acquires by their
identification a special property as limited by
this chapter. Any retention or reservation by
the seller of the title (property) in goods shipped
or delivered to the buyer is limited in effect
to a reservation of a security interest. Subject
to these provisions and to the provisions of the
article on secured transactions (article 9), title
to goods passes from the seller to the buyer in
any manner and on any conditions explicitly agreed
on by the parties.
(2) Unless otherwise explicitly agreed title
passes to the buyer at the time and place at which
the seller completes performance with reference
to the physical delivery of the goods, despite
any reservation of a security interest and even
though a document of title is to be delivered
at a different time or place; and in particular
and despite any reservation of a security interest
by the bill of lading
(a) if the contract requires or authorizes
the seller to send the goods to the buyer but
does not require the seller to deliver them
at destination, title passes to the buyer at
the time and place of shipment; but
(b) if the contract requires delivery at destination,
title passes on tender there.
(3) Unless otherwise explicitly agreed where
delivery is to be made without moving the goods,
(a) if the seller is to deliver a document
of title, title passes at the time when and
the place where the seller delivers such documents;
or
(b) if the goods are at the time of contracting
already identified and no documents are to be
delivered, title passes at the time and place
of contracting.
(4) A rejection or other refusal by the buyer
to receive or retain the goods, whether or not
justified, or a justified revocation of acceptance
revests title to the goods in the seller. Such
revesting occurs by operation of law and is not
a "sale." HIST: 1965 c 811 s 336.2-401; 1986 c
444 Copyright 2000 by the Office of Revisor of
Statutes, State of Minnesota.
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Minn
Statute §
336.2-509 Risk of loss in the absence of breach
Minnesota Statutes 2000, Table of Chapters Table
of contents for Chapter 336 336.2-509 Risk of
loss in the absence of breach.
(1) Where the contract requires or authorizes
the seller to ship the goods by carrier
(a) if it does not require the seller to deliver
them at a particular destination, the risk of
loss passes to the buyer when the goods are
duly delivered to the carrier even though the
shipment is under reservation (section 336.2-505);
but
(b) if it does require the seller to deliver
them at a particular destination and the goods
are there duly tendered while in the possession
of the carrier, the risk of loss passes to the
buyer when the goods are there duly so tendered
as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be
delivered without being moved, the risk of loss
passes to the buyer
(a) on the buyer's receipt of a negotiable
document of title covering the goods; or
(b) on acknowledgment by the bailee of the buyer's
right to possession of the goods; or
(c) after the buyer's receipt of a nonnegotiable
document of title or other written direction
to deliver, as provided in subsection (4) (b)
of section 336.2-503.
(3) In any case not within subsection (1) or
(2), the risk of loss passes to the buyer on receipt
of the goods if the seller is a merchant; otherwise
the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject
to contrary agreement of the parties and to the
provisions of this article on sale on approval
(section 336.2-327) and on effect of breach on
risk of loss (section 336.2-510). HIST: 1965 c
811 s 336.2-509; 1986 c 444 Copyright 2000 by
the Office of Revisor of Statutes, State of Minnesota.
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