§ 25-2-323. Form of bill of lading required in overseas shipment; "overseas." - North Carolina Statutes

§ 25‑2‑323.  Formof bill of lading required in overseas shipment; "overseas."

(1)        Where the contractcontemplates overseas shipment and contains a term C.I.F. or C. & F. orF.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable billof lading stating that the goods have been loaded on board or, in the case of aterm C.I.F. or C. & F., received for shipment.

(2)        Where in a casewithin subsection (1) of this section a tangible bill of lading has been issuedin a set of parts, unless otherwise agreed if the documents are not to be sentfrom abroad the buyer may demand tender of the full set; otherwise only onepart of the bill of lading need be tendered. Even if the agreement expresslyrequires a full set

(a)        due tender of asingle part is acceptable within the provisions of this Article on cure ofimproper delivery (subsection (1) of G.S. 25‑2‑508); and

(b)        even though the fullset is demanded, if the documents are sent from abroad the person tendering anincomplete set may nevertheless require payment upon furnishing an indemnitywhich the buyer in good faith deems adequate.

(3)        A shipment by wateror by air or a contract contemplating such shipment is "overseas"insofar as by usage of trade or agreement it is subject to the commercial, financingor shipping practices characteristic of international deep water commerce. (1965, c. 700, s. 1; 2006‑112,s. 30.)