Colorado § 4-2-323 Form of bill of lading required in overseas shipment - overseas

Colorado Statutes

§ 4-2-323 — Form of bill of lading required in overseas shipment - overseas

Colorado·Title 04 Uniform·Art. Sales

(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) of this section 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 single part is acceptable within the provisions of this article on cure of improper delivery (subsection (1) of

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(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) of this section 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 single part is acceptable within the provisions of this
article on cure of improper delivery (subsection (1) of section 4-2-508); 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.

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