Court Opinions

State Laws

US Code

US Constitution

Form of bill of lading required in overseas shipment;

Legal Research Home > Pennsylvania Statutes

     § 2323.  Form of bill of lading required in overseas shipment;
                "overseas."
        (a)  General rule.--Where the contract contemplates overseas
     shipment and contains a term C.I.F., 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)  Bill in set of parts.--Where in a case within subsection
     (a) a 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 division on cure of improper delivery
        (section 2508(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 which the buyer in good faith deems
        adequate.
        (c)  Definition of "overseas".--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.

        Cross References.  Section 2323 is referred to in sections
     2103, 2319, 2503, 7102 of this title.

Last modified: November 27, 2007