Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/2-323

(810 ILCS 5/2-323) (from Ch. 26, par. 2-323)

Sec. 2-323.

Form
of bill of lading required in overseas shipment; "overseas".

(1) Where the contract contemplates overseas shipment and contains a
term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed
must obtain a negotiable bill of lading stating that the goods have been
loaded on board or, in the case of a term C.I.F. or C. & F., received for
shipment.

(2) Where in a case within subsection (1) a tangible bill of lading has been
issued in a set of parts, unless otherwise agreed if the documents are not
to be sent from abroad the buyer may demand tender of the full set;
otherwise only one part of the bill of lading need be tendered. Even if the
agreement expressly requires a full set:

(a) due tender of a single part is acceptable within

the provisions of this Article on cure of improper delivery (subsection (1) of Section 2-508); and

(b) even though the full set is demanded, if the

documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.

(3) A shipment by water or by air or a contract contemplating such
shipment is "overseas" insofar as by usage of trade or agreement it is
subject to the commercial, financing or shipping practices characteristic
of international deep water commerce.

(Source: P.A. 100-201, eff. 8-18-17.)