70A-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 chapter on cure
of improper delivery (Subsection (1) of Section 70A-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 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.
Amended by Chapter 42, 2006 General Session
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Last revised: Thursday, May 28, 2009