2006 New York Code - Form Of Bill Of Lading Required In Overseas Shipment; "overseas".



 
  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 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.