Section 45.02.322. Delivery "ex-ship.".

   (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 that 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 that 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.

Notes

History

(Sec. 2.322 ch 114 SLA 1962)