Nebraska Uniform Commercial Code 2-322

UCC 2-322

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.

Source

  • Laws 1963, c. 544, Art. II, § 2-322, p. 1729.

Annotations

  • COMMENT

  • Prior Uniform Statutory Provision: None.

  • Purposes:

  • 1. The delivery term, "ex-ship", as between seller and buyer, is the reverse of the F.A.S. term covered.

  • 2. Delivery need not be made from any particular vessel under a clause calling for delivery "ex-ship", even though a vessel on which shipment is to be made originally is named in the contract, unless the agreement by appropriate language, restricts the clause to delivery from a named vessel.

  • 3. The appropriate place and manner of unloading at the port of destination depend upon the nature of the goods and the facilities and usages of the port.

  • 4. A contract fixing a price "ex-ship" with payment "cash against documents" calls only for such documents as are appropriate to the contract. Tender of a delivery order and of a receipt for the freight after the arrival of the carrying vessel is adequate. The seller is not required to tender a bill of lading as a document of title nor is he or she required to insure the goods for the buyer's benefit, as the goods are not at the buyer's risk during the voyage.

  • Cross Reference:

  • Point 1: Section 2-319(2).

  • Definitional Cross References:

  • "Buyer". Section 2-103.

  • "Goods". Section 2-105.

  • "Seller". Section 2-103.

  • "Term". Section 1-201.