(a) 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.
(b) 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
(1) due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (§ 4-2-508(1)); and
(2) 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.
(c) 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.
History. Acts 1961, No. 185, § 2-323; A.S.A. 1947, § 85-2-323; Acts 2007, No. 342, § 11.
A.C.R.C. Notes. The amendment of § 4-2-323 by Acts 2007, No. 342, § 11 omitted subsection (3) in its entirety. As subsection (3) was omitted from § 4-2-323 without being stricken through in the act, it appeared that the omission of subsection (3) was inadvertent on the part of the General Assembly, and so subsection (3) remains in § 4-2-323.