70A-2-322 - Delivery "ex-ship."
70A-2-322. Delivery "ex-ship."
(1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means fromthe carrying vessel) or in equivalent language is not restricted to a particular ship and requiresdelivery from a ship which has reached a place at the named port of destination where goods ofthe 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 witha 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 areotherwise properly unloaded.
Amended by Chapter 5, 1991 General Session