N.Y. Uniform Commercial Code 2-322 – Delivery “Ex-Ship”
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Section 2–322. Delivery "Ex-Ship".
Terms Used In N.Y. Uniform Commercial Code 2-322
- Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
(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.