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84-2-322. Delivery "ex-ship". (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; and

(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.

History: L. 1965, ch. 564, ยง 56; January 1, 1966.

KANSAS COMMENT, 1996

This section states the common commercial understanding of the term "ex-ship." Under an ex-ship contract, the seller does not satisfy its tender obligation until the goods are actually delivered to the port of destination and properly unloaded. An ex-ship contract thus is the reverse of an F.A.S. contract: it is a destination contract under which the seller pays freight and bears the risk of loss during transit.


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