47-2323. 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 subsection 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 of this chapter on cure of improper delivery (subsection A of section 47-2508); 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 which the buyer in good faith deems adequate.
C. A shipment by water or by air or a contract contemplating such 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.
Section: Previous 47-2316 47-2317 47-2318 47-2319 47-2320 47-2321 47-2322 47-2323 47-2324 47-2325 47-2326 47-2327 47-2328 47-2401 47-2402 NextLast modified: October 13, 2016