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The 190th General Court of the Commonwealth of Massachusetts

Section 2-322: Delivery ''Ex–Ship''

Section 2-322. (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 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.