TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 3.

GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

28-2-322.  Delivery "ex-ship." (1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.

(2)  Under such a term unless otherwise agreed

(a)  the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and

(b)  the risk of loss does not pass to the buyer until the goods leave the ship’s tackle or are otherwise properly unloaded.

History:

[28-2-322, added 1967, ch. 161, sec. 2-322, p. 351.]