                                 CODE OF VIRGINIA

DELIVERY &#8220;EX-SHIP.&#8221; (§ 8.2-322)

1. Unless otherwise agreed a term for delivery of goods &#8220;ex-ship&#8221;
(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 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&#8217;s tackle or are otherwise properly unloaded.

HISTORY: 1964, c. 219.