Sections 57A-2-322, 57A-2-323 - Delivery "ex-ship". Form of bill of lading required in overseas shipment--"Overseas"
57A-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.
(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
Source: SL 1966, ch 150, § 2-322; SDCL, §§ 57-4-53 to 57-4-55.