Law Journals and Reviews
Products Liability in Hawaii. 14 HBJ 127.
§490:2-323 Form of bill of lading required in overseas shipment; "overseas". (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 subsection (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 simple part is acceptable within the provisions of this article on cure of improper delivery (subsection (1) of section 490:2-508); 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 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 deep water commerce. [L 1965, c 208, §2-323; am L 1967, c 79, §1(a); HRS §490:2-323; am L 2004, c 163, §7]
Section: Previous 490-2-316 490-2-317 490-2-318 490-2-319 490-2-320 490-2-321 490-2-322 490-2-323 490-2-324 490-2-325 490-2-326 490-2-327 490-2-328 490-2-401 490-2-402 NextLast modified: October 27, 2016