§ 26-1-2-323 — Form of bill of lading required in overseas shipment; "overseas"

Indiana § 26-1-2-323

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2: Sales

Text

(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 (1) 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 IC 26-1-2-508(1) on cure of improper delivery; 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 payments 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.
Formerly: Acts 1963, c.317, s.2-323. As amended by
P.L.152-1986, SEC.138; P.L.143-2007, SEC.11.