Massachusetts General Laws ch. 106 sec. 2-322 – Delivery ”Ex–Ship”
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Section 2–322. (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 Massachusetts General Laws ch. 106 sec. 2-322
- Buyer: means a person who buys or contracts to buy goods. See Massachusetts General Laws ch. 106 sec. 2-103
- Seller: means a person who sells or contracts to sell goods. See Massachusetts General Laws ch. 106 sec. 2-103
(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 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.