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California Commercial Code Section 2323

Legal Research Home > California Laws > Commercial Code > California Commercial Code Section 2323

2323.  (1) 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.
   (2) Where in a case within subdivision (1) 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
   (a) Due tender of a single part is acceptable within the
provisions of this division on cure of improper delivery (subdivision
(1) of Section 2508); and
   (b) 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.
   (3) 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 deepwater commerce.

Last modified: February 22, 2013