70A-2-323 - Form of bill of lading required in overseas shipment -- "Overseas." - Utah Statutes

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70A-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. orC.&F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of ladingstating 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 setof parts, unless otherwise agreed, if the documents are not to be sent from abroad, the buyer maydemand tender of the full 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 the provisions of this chapter on cureof improper delivery (Subsection (1) of Section 70A-2-508); and
(b) even though the full set is demanded, if the documents are sent from abroad theperson tendering an incomplete set may nevertheless require payment upon furnishing anindemnity which the buyer in good faith considers adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is"overseas" in so far as by usage of trade or agreement it is subject to the commercial, financing orshipping practices characteristic of international deep water commerce.

Amended by Chapter 42, 2006 General Session

State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02 > 70a-2-323

70A-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. orC.&F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of ladingstating 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 setof parts, unless otherwise agreed, if the documents are not to be sent from abroad, the buyer maydemand tender of the full 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 the provisions of this chapter on cureof improper delivery (Subsection (1) of Section 70A-2-508); and
(b) even though the full set is demanded, if the documents are sent from abroad theperson tendering an incomplete set may nevertheless require payment upon furnishing anindemnity which the buyer in good faith considers adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is"overseas" in so far as by usage of trade or agreement it is subject to the commercial, financing orshipping practices characteristic of international deep water commerce.

Amended by Chapter 42, 2006 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-70a > Chapter-02 > 70a-2-323

70A-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. orC.&F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of ladingstating 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 setof parts, unless otherwise agreed, if the documents are not to be sent from abroad, the buyer maydemand tender of the full 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 the provisions of this chapter on cureof improper delivery (Subsection (1) of Section 70A-2-508); and
(b) even though the full set is demanded, if the documents are sent from abroad theperson tendering an incomplete set may nevertheless require payment upon furnishing anindemnity which the buyer in good faith considers adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is"overseas" in so far as by usage of trade or agreement it is subject to the commercial, financing orshipping practices characteristic of international deep water commerce.

Amended by Chapter 42, 2006 General Session