New Jersey Statutes 12A:2-322. Delivery “ex-ship”
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Terms Used In New Jersey Statutes 12A:2-322
- Buyer: means a person who buys or contracts to buy goods. See New Jersey Statutes 12A:2-103
- Seller: means a person who sells or contracts to sell goods. See New Jersey Statutes 12A:2-103
- Ship: includes vessels, steamers, canal boats and every boat or structure adapted to navigation or movement from place to place, upon the ocean, lakes, rivers or artificial waterways, either by its own power or otherwise. See New Jersey Statutes 1:1-2
(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.
L.1961, c. 120, s. 2-322.