N.Y. Uniform Commercial Code Law § 2-322: Delivery "Ex-Ship"

Section 2--322. Delivery "Ex-Ship".

(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) Under such a term unless otherwise agreed

(a) the seller must discharge all liens arising out of the

carriage and furnish the buyer with a direction which puts

the carrier under a duty to deliver the goods; and

(b) the risk of loss does not pass to the buyer until the goods

leave the ship's tackle or are otherwise properly unloaded.