Section 2--323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"  


Latest version.
  • (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 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  Article  on  cure  of  improper  delivery
                 (subsection (1) of Section 2--508); 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.