§ 322

Ind. Code § 26-1-2-322

Delivery "ex-ship"

  1. (1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.
  2. (2) Under such a term unless otherwise agreed
  3. (a) the seller must discharge all liens arising out of the carriage and furnish the buyer with direction which puts the carrier under a duty to deliver the goods; and

  4. (b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.

    Formerly: Acts 1963, c.317, s.2-322.

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