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This entry was published on 2014-12-26
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SECTION 2-323
Form of Bill of Lading Required in Overseas Shipment; "Overseas"
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 2--323. Form of Bill of Lading Required in Overseas Shipment;

"Overseas".

(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:

(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.