Statute · California Commercial Code

Cal. Com. Code § 2322 — General Obligation and Construction of Contract

Cal. Com. Code § 2322

Type
Statute
Source
California Commercial Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

(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…

Citator

Cal. Com. Code § 2322 — General Obligation and Construction of Contract is in force in the current edition of the Code, and nothing recorded condemns it.

(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.