Design, Inc., in Newport, Rhode Island, entered into a contract with Buenavista, S.A. in Barcelona, Spain, to buy 1,000 sheets of stained glass. The contract contained a delivery clause that read “FOB Hasta Luego.” The contract also stated that it was to be interpreted in accordance with Incoterms. While the glass was being loaded onto the ship ( Hasta Luego), one of the crates slipped from the loading mechanism and landed in the water before it crossed the ship’s rail.
Who bears the risk of loss with the glass? Would the answer change if the contract was governed by the UCC?
