400.2-323. Form of bill of lading required in overseas shipment--"overseas".
Form of bill of lading required in overseas shipment--"overseas".
400.2-323. (1) Where the contract contemplates overseasshipment and contains a term C.I.F. or C.&F. or F.O.B. vessel,the seller unless otherwise agreed must obtain a negotiable billof lading stating that the goods have been loaded on board or, inthe case of a term C.I.F. or C.&F., received for shipment.
(2) Where in a case within subsection (1) a bill of ladinghas been issued in a set of parts, unless otherwise agreed if thedocuments are not to be sent from abroad the buyer may demandtender of the full set; otherwise only one part of the bill oflading need be tendered. Even if the agreement expresslyrequires a full set
(a) due tender of a single part is acceptable within theprovisions of this article on cure of improper delivery(subsection (1) of section 400.2-508); and
(b) even though the full set is demanded, if the documentsare sent from abroad the person tendering an incomplete set maynevertheless require payment upon furnishing an indemnity whichthe buyer in good faith deems adequate.
(3) A shipment by water or by air or a contractcontemplating such shipment is "overseas" insofar as by usage oftrade or agreement it is subject to the commercial, financing orshipping practices characteristic of international deep watercommerce.
(L. 1963 p. 503 § 2-323)