Section 45.02.323. Form of bill of lading required in overseas shipment; "overseas.".

   (a) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller, unless otherwise agreed, must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. &. F., received for shipment.
   (b) Where, in a case within (a) of this section, a tangible bill of lading has been issued in a set of parts, unless otherwise agreed, if the documents are not to be sent from abroad, the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set,
        (1) due tender of a single part is acceptable within the provisions on cure of improper delivery (AS 45.02.508(a)); and
        (2) even though the full set is demanded, if the documents are sent from abroad, the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity that the buyer in good faith considers adequate.
   (c) A shipment by water or by air or a contract contemplating the shipment is "overseas" insofar as by usage of trade or agreement it is subject to the commercial, financing, or shipping practices characteristic of international deep water commerce.

Authorities

45.02.103;45.02.319;45.02.503

Notes

References

AS 45.02.103 Definitions and index of definitions.
AS 45.02.319 F.O.B. and F.A.S. terms.
AS 45.02.503 Manner of seller's tender of delivery.

History

(Sec. 2.323 ch 114 SLA 1962; am Sec. 16 ch 44 SLA 2009)