California Law (Last Updated: March 4, 2014) |
Commercial Code - COM |
Division 2. SALES |
Chapter 3. General Obligation and Construction of Contract |
Section 2322.
Latest version.
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(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.
(Enacted by Stats. 1963, Ch. 819.)