J. MILLARD TAWES, Governor                        809

the risk of ordinary deterioration, shrinkage and the like in trans-
portation but has no effect on the place or time of identification to
the contract for sale or delivery or on the passing of the risk of loss.

(3) Unless otherwise agreed where the contract provides for pay-
ment on or after arrival of the goods the seller must before payment
allow such preliminary inspection as is feasible; but if the goods are
lost delivery of the documents and payment are due when the goods
should have arrived.

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 lan-
guage is not restricted to a particular ship and requires delivery
from a ship which has reached a place at the named port of destina-
tion 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.

2—323. Form of Bill of Lading Required in Overseas Shipment;
"Overseas".

(1)   Where the contract contemplates overseas shipment and con-
tains a term C. I. F. or C. & F. or F. O. B. vessel, the seller unless
otherwise agreed must obtain a negotiable bill of lading stating that
the goods have been loaded on board or, in the case of a term C. I. F.
or C. & F., received for shipment.

(2)   Where in a case within sub-section (1) a bill of lading has
been issued in a set of parts, unless otherwise agreed if the docu-
ments are not to be sent from abroad the buyer may demand tender
of the full set; otherwise only one part of the bill of lading need be
tendered. Even if the agreement expressly requires a full set

(a)  due tender of a single part is acceptable within the provisions
of this Sub-title on cure of improper delivery (sub-section (1) of
Section 2—508); and

(b)  even though the full set is demanded, if the documents are
sent from abroad the person tendering an incomplete set may never-
theless require payment upon furnishing an indemnity which the
buyer in good faith deems adequate.

(3)  A shipment by water or by air or a contract contemplating
such shipment is "overseas" insofar as by usage of trade or agree-
ment it is subject to the commercial, financing or shipping practices
characteristic of international deep water commerce.

2—324. "No Arrival, No Sale" Term.

Under a term "no arrival, no sale" or terms of like meaning, unless
otherwise agreed,