North Dakota Code 41-02-39 – (2-322) Delivery ex-ship
Current as of: 2023 | Check for updates
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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.
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.