Commercial Code section 2322

(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.

Source: Section 2322, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=COM§ionNum=2322.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 2322’s source at ca​.gov