South Carolina Code 36-2-323. Form of bill of lading required in overseas shipment; “overseas”
(2) Where in a case within subsection (1) a tangible bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:
Terms Used In South Carolina Code 36-2-323
- Buyer: means a person who buys or contracts to buy goods. See South Carolina Code 36-2-103
- Contract: A legal written agreement that becomes binding when signed.
- person: includes an individual, his executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this State and whether or not organized under the laws of this State. See South Carolina Code 36-2-801
- Seller: means a person who sells or contracts to sell goods. See South Carolina Code 36-2-103
(a) due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (subsection (1) of § 36-2-508); and
(b) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is "overseas" insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.