Section 4-2-322 - Delivery "ex-ship"

(1) Unless otherwise agreed, a term for delivery of goods 'ex-ship' (which means from the carrying vessel) or in equivalent 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.L. 65: p. 1315, § 1. C.R.S. 1963: § 155-2-322.