Title 11, Chapter 2, Section 323
( 11-2-323)
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) of this Code section 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: (a) Due tender of a single part is acceptable within the provisions of this article on cure of improper delivery (subsection (1) of Code Section 11-2-508); 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 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 deep water commerce. |