§ 6A-2-323 Form of bill of lading requiredin overseas shipment – "Overseas". – (1) Where the contract contemplates overseas shipment and contains a termC.I.F. or C. & F. or F.O.B. vessel, the seller, unless otherwise agreed, mustobtain a negotiable bill of lading stating that the goods have been loaded onboard 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 oflading has been issued in a set of parts, unless otherwise agreed, if thedocuments are not to be sent from abroad the buyer may demand tender of thefull set; otherwise only one part of the bill of lading need be tendered. Evenif the agreement expressly requires a full set,
(a) Due tender of a single part is acceptable within theprovisions of this chapter on cure of improper delivery (§ 6A-2-508(1));and
(b) Even though the full set is demanded, if the documentsare sent from abroad the person tendering an incomplete set may neverthelessrequire payment upon furnishing an indemnity which the buyer in good faithdeems adequate.
(3) A shipment by water or by air or a contract contemplatingsuch shipment is "overseas" insofar as by usage of trade or agreement it issubject to the commercial, financing, or shipping practices characteristic ofinternational deep water commerce.
§ 6A-2-323 Form of bill of lading requiredin overseas shipment – "Overseas". – (1) Where the contract contemplates overseas shipment and contains a termC.I.F. or C. & F. or F.O.B. vessel, the seller, unless otherwise agreed, mustobtain a negotiable bill of lading stating that the goods have been loaded onboard 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 oflading has been issued in a set of parts, unless otherwise agreed, if thedocuments are not to be sent from abroad the buyer may demand tender of thefull set; otherwise only one part of the bill of lading need be tendered. Evenif the agreement expressly requires a full set,
(a) Due tender of a single part is acceptable within theprovisions of this chapter on cure of improper delivery (§ 6A-2-508(1));and
(b) Even though the full set is demanded, if the documentsare sent from abroad the person tendering an incomplete set may neverthelessrequire payment upon furnishing an indemnity which the buyer in good faithdeems adequate.
(3) A shipment by water or by air or a contract contemplatingsuch shipment is "overseas" insofar as by usage of trade or agreement it issubject to the commercial, financing, or shipping practices characteristic ofinternational deep water commerce.
§ 6A-2-323 Form of bill of lading requiredin overseas shipment – "Overseas". – (1) Where the contract contemplates overseas shipment and contains a termC.I.F. or C. & F. or F.O.B. vessel, the seller, unless otherwise agreed, mustobtain a negotiable bill of lading stating that the goods have been loaded onboard 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 oflading has been issued in a set of parts, unless otherwise agreed, if thedocuments are not to be sent from abroad the buyer may demand tender of thefull set; otherwise only one part of the bill of lading need be tendered. Evenif the agreement expressly requires a full set,
(a) Due tender of a single part is acceptable within theprovisions of this chapter on cure of improper delivery (§ 6A-2-508(1));and
(b) Even though the full set is demanded, if the documentsare sent from abroad the person tendering an incomplete set may neverthelessrequire payment upon furnishing an indemnity which the buyer in good faithdeems adequate.
(3) A shipment by water or by air or a contract contemplatingsuch shipment is "overseas" insofar as by usage of trade or agreement it issubject to the commercial, financing, or shipping practices characteristic ofinternational deep water commerce.
