§ 41-02-40 — (2-323) Form of bill of lading required in overseas shipment - Overseas

1. If 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. If 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:
a. Due tender of a single part is acceptable within the provisions of this chapter on
cure of improper delivery (subsection 1 of section 41-02-56); 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.