2010 Tennessee Code
Title 47 - Commercial Instruments And Transactions
Chapter 2 - A Leases
Part 3 - General Obligation and Construction of Contract
47-2-322 - Delivery “ex-ship.”
47-2-322. Delivery Â“ex-ship.Â”
(1) Unless otherwise agreed a term for delivery of goods Â“ex-shipÂ” (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.
[Acts 1963, ch. 81, § 1 (2-322).]
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