§490:2-323  Form of bill of lading required
in overseas shipment; "overseas".  (1)  Where the contract
contemplates overseas shipment and contains a term C.I.F. or C. & F. or
F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill
of lading stating that the goods have been loaded on board or, in the case of a
term C.I.F. or C. & F. received for shipment.



(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:



(a) Due tender of a simple part is acceptable within
the provisions of this article on cure of improper delivery (subsection (1) of
section 490:2-508); 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 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. [L
1965, c 208, §2-323; am L 1967, c 79, §1(a); HRS §490:2-323; am L 2004, c 163,
§7]