120

LAWS OF MARYLAND

[Ch. 49

shipment; "overseas."

(1)   Where the contract contemplates overseas
shipment and contains 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 subsection (1) a bill of
lading has been issued in a set of parts, unless
otherwise agreed if the documents 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 [subtitle] TITLE on cure of
improper delivery (subsection (1) of § 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 nevertheless 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 agreement 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,

(a)    The seller must properly ship conforming
goods and if they arrive by any means he must tender them
on arrival but he assumes no obligation that the goods
will arrive unless he has caused the non—arrival; and

(b)    where without fault of the seller the
goods are in part lost or have so deteriorated as no
longer to conform to the contract or arrive after the
contract time, the buyer may proceed as if there had been
casualty to identified goods (§ 2—613).

2—325. "Letter of credit" term; "confirmed credit."

(1) Failure of the buyer seasonably to furnish an
agreed letter of credit is a breach of the contract for
sale.