57A-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.
(b)the risk of loss does not pass to the buyer until the goods leave the ship’s tackle or are otherwise properly unloaded.
Source: SL 1966, ch 150, §2-322; SDCL, §§57-4-53 to 57-4-55.