8.2-323 - Form of bill of lading required in overseas shipment; "Overseas.". - Virginia Statutes

§ 8.2-323. Form of bill of lading required in overseas shipment; "Overseas.".

(1) Where the contract contemplates overseas shipment and contains a termC.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed mustobtain a negotiable bill of lading stating that the goods have been loaded onboard 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 tangible bill of lading has beenissued in a set of parts, unless otherwise agreed if the documents are not tobe sent from abroad the buyer may demand tender of the full set; otherwiseonly one part of the bill of lading need be tendered. Even if the agreementexpressly requires a full set:

(a) due tender of a single part is acceptable within the provisions of thistitle on cure of improper delivery (subsection (1) of § 8.2-508); and

(b) even though the full set is demanded, if the documents are sent fromabroad the person tendering an incomplete set may nevertheless requirepayment upon furnishing an indemnity which the buyer in good faith deemsadequate.

(3) A shipment by water or by air or a contract contemplating such shipmentis "overseas" insofar as by usage of trade or agreement it is subject tothe commercial, financing or shipping practices characteristic ofinternational deep water commerce.

(1964, c. 219; 2004, c. 200.)