Arkansas Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-322. Delivery “ex-ship”

(a) 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.
(b) Under such a term unless otherwise agreed
(1) 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
(2) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.

History. Acts 1961, No. 185, § 2-322; A.S.A. 1947, § 85-2-322.

Structure Arkansas Code

Arkansas Code

Title 4 - Business and Commercial Law

Subtitle 1 - Uniform Commercial Code

Chapter 2 - Sales

Part 3 - General Obligation and Construction of Contract

§ 4-2-301. General obligation of parties

§ 4-2-302. Unconscionable contract or clause

§ 4-2-303. Allocation or division of risks

§ 4-2-304. Price payable in money, goods, realty, or otherwise

§ 4-2-305. Open price term

§ 4-2-306. Output, requirements, and exclusive dealings

§ 4-2-307. Delivery in single lot or several lots

§ 4-2-308. Absence of specified place for delivery

§ 4-2-309. Absence of specific time provisions — Notice of termination

§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation

§ 4-2-311. Options and cooperation respecting performance

§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement

§ 4-2-313. Express warranties by affirmation, promise, description, sample

§ 4-2-314. Implied warranty — Merchantability — Usage of trade

§ 4-2-315. Implied warranty — Fitness for particular purpose

§ 4-2-316. Exclusion or modification of warranties

§ 4-2-317. Cumulation and conflict of warranties express or implied

§ 4-2-318. Third party beneficiaries of warranties express or implied

§ 4-2-319. F.O.B. and F.A.S. terms

§ 4-2-320. C.I.F. and C. & F. terms

§ 4-2-321. C.I.F. or C. & F. — “Net landed weights” — “Payment on arrival” — Warranty of condition on arrival

§ 4-2-322. Delivery “ex-ship”

§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”

§ 4-2-324. “No arrival, no sale” term

§ 4-2-325. “Letter of credit” term — “Confirmed credit”

§ 4-2-326. Sale on approval and sale or return — Rights of creditors

§ 4-2-327. Special incidents of sale on approval and sale or return

§ 4-2-328. Sale by auction