Utah § 70A-2-323 Form of bill of lading required in overseas shipment -- "Overseas."

Utah Statutes

§ 70A-2-323 — Form of bill of lading required in overseas shipment -- "Overseas."

Utah § 70A-2-323

Title 70AUniform Commercial Code

Ch. 70A-2Uniform Commercial Code - Sales

Part 70A-2-3General Obligation and Construction of Contract

This text of Utah § 70A-2-323 (Form of bill of lading required in overseas shipment -- "Overseas.") is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 70A-2-323 (2026).

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 part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:

(2)(a) due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (Subsection (1) of Section 70A-2-508); and

(2)

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(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 part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:

(2)(a) due tender of a single part is acceptable within the provisions of this chapter on cure of improper delivery (Subsection (1) of Section 70A-2-508); and
(2)(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 considers adequate.
(3) A shipment by water or by air or a contract contemplating such shipment is "overseas" in so far as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.