Utah Code 70A-2-322. Delivery “ex-ship.”
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(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.
Terms Used In Utah Code 70A-2-322
- Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
- Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
(2) Under such a term unless otherwise agreed
(2)(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
(2)(b) the risk of loss does not pass to the buyer until the goods leave the ship’s tackle or are otherwise properly unloaded.