Ex Ship Law and Legal Definition
'Ex Ship' is a term relating to the shipment of goods. It is a term of sale which signifies that the price invoiced or quoted by the seller includes all charges up to the port of destination only. All the charges for unloading the goods off the ship and all subsequent charges such as customs duty and taxes have to be borne by the buyer. Under an ex ship, the liability or risk of loss passes to the buyer once the goods leave the ship.
This term is used in connection with the stipulated price in a contract for the sale of merchandise. The term denotes that all expenses incurred to the time the goods leave the ship's tackle are to be borne by the seller; all expenses incurred after that time are to be borne by the buyer.
The following is an example of a state law (Florida) on delivery ‘ex-ship’:
Fla. Stat. § 672.322. 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.
