§490:2-322 - Delivery "ex-ship". - Hawaii Statutes

     §490:2-322  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. [L 1965, c 208, §2-322; HRS §490:2-322]