1445.
Buyer’s right to inspect at destination where goods are delivered to carrier, 27
Warranties and conditions upon sale of seeds, nursery stock, etc., 62 A.L.R. 451;
Provision in bill of lading prohibiting or limiting consignee’s right to inspect goods shipped, 25 A.L.R.2d 770.
(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.