§ 2-323 — Form of Bill of Lading Required in Overseas Shipment; "Overseas"

Section 2--323. Form of Bill of Lading Required in Overseas Shipment;\n "Overseas".\n (1) Where the contract contemplates overseas shipment and contains a\nterm C. I. F. or C. & F. or F. O. B. vessel, the seller unless otherwise\nagreed must obtain a negotiable bill of lading stating that the goods\nhave been loaded on board or, in the case of a term C. I. F. or C. &\nF., received for shipment.\n (2) Where in a case within subsection (1) a tangible bill of lading\nhas been issued in a set of parts, unless otherwise agreed if the\ndocuments are not to be sent from abroad the buyer may demand tender of\nthe full set; otherwise only one part of the bill of lading need be\ntendered. Even if the agreement expressly requires a full set:\n (a) due tender of a single part is acceptable within the\n provisions of this Article on cure of improper delivery\n (subsection (1) of Section 2--508); and\n (b) even though the full set is demanded, if the documents are\n sent from abroad the person tendering an incomplete set may\n nevertheless require payment upon furnishing an indemnity\n which the buyer in good faith deems adequate.\n (3) A shipment by water or by air or a contract contemplating such\nshipment is "overseas" insofar as by usage of trade or agreement it is\nsubject to the commercial, financing or shipping practices\ncharacteristic of international deep water commerce.\n