South Dakota Statutes

§ 57A-2-322 — Delivery "ex

South Dakota·Title 57A UNIFORM COMMERCIAL CODE·Ch. 57A SALES
(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.
(b)the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.

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Legislative History

SL 1966, ch 150, § 2-322; SDCL, §§ 57-4-53 to 57-4-55.

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