§ 41-02-39 — (2-322) Delivery ex-ship

1. Unless otherwise agreed, a term for delivery of goods "ex-ship" (which means from the
carrying vessel) or in equivalent language is not restricted to a particular ship and
requires delivery from a ship which has reached a place at the named port of
destination where goods of the kind are usually discharged.
2. Under such a term unless otherwise agreed:
a. The seller must discharge all liens arising out of the carriage and furnish the
buyer with a direction which puts the carrier under a duty to deliver the goods;
and
b. The risk of loss does not pass to the buyer until the goods leave the ship's tackle
or are otherwise properly unloaded.