(2-322) Delivery ex-ship

N.D.C.C. § 41-02-39 — under Sales.

N.D.C.C. § 41-02-39

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.