47-2-322 - Delivery - Tennessee Statutes

47-2-322. 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.

[Acts 1963, ch. 81, § 1 (2-322).]