{"data":{"id":"us-nm/55-2-322","jurisdiction":"us-nm","citation":"55-2-322","heading":"Delivery \"ex-ship\".","body":"(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.\n(2) Under such a term unless otherwise agreed:\n(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\n(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.\nOFFICIAL COMMENTS\nUCC Official Comments © by ALI \u0026 the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.\nPrior uniform statutory provision. - None.\n1. The delivery term, \"ex-ship\", as between seller and buyer, is the reverse of the F.A.S. term covered.\n2. Delivery need not be made from any particular vessel under a clause calling for delivery \"ex-ship\", even though a vessel on which shipment is to be made originally is named in the contract, unless the agreement by appropriate language, restricts the clause to delivery from a named vessel.\n3. The appropriate place and manner of unloading at the port of destination depend upon the nature of the goods and the facilities and usages of the port.\n4. A contract fixing a price \"ex-ship\" with payment \"cash against documents\" calls only for such documents as are appropriate to the contract. Tender of a delivery order and of a receipt for the freight after the arrival of the carrying vessel is adequate. The seller is not required to tender a bill of lading as a document of title nor is he required to insure the goods for the buyer's benefit, as the goods are not at the buyer's risk during the voyage.\nCross reference. - Point 1: Section 2-319(2).\n\"Buyer\". Section 2-103.\n\"Goods\". Section 2-105.\n\"Seller\". Section 2-103.\n\"Term\". Section 1-201.","path":["Chapter 55 - Uniform Commercial Code","ARTICLE 2 Sales"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18558/index.do","current_through":"2024-04-27","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"9e1ef00a065e8303eabcd6ed2a7286ead485b725792f1f6ef204c799fadd7909","source_id":"us-nm","stale":false,"prev":"us-nm/55-2-321","next":"us-nm/55-2-323"},"notice":"GroundRules: Original legal text. Not legal advice."}