Section 1302.35 | Delivery ex-ship - UCC 2-322.
(A) 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.
(B) Under such a term unless otherwise agreed:
(1) 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
(2) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
Available Versions of this Section
- July 1, 1962 – Senate Bill 5, 104th General Assembly [ View July 1, 1962 Version ]