Ex ship refers to the buyer’s responsibility for any loss or damage incurred after the goods have been shipped. The seller is not liable for any issues that arise once the goods have been delivered to the buyer.
Ex ship refers to a shipping arrangement where the buyer assumes responsibility for any loss or damage to the goods once they are loaded onto the ship. For example, a company in Japan purchases electronics from a supplier in China on an ex ship basis. The supplier is responsible for delivering the goods to the port in Japan, but once they are loaded onto the ship, the buyer becomes liable for any loss or damage during transit. Similarly, a retailer in the United States orders clothing from a manufacturer in India on an ex ship basis. The manufacturer is responsible for delivering the goods to the port in the United States, but once they are loaded onto the ship, the retailer assumes responsibility for any loss or damage during transit. These examples demonstrate how ex ship works in practice. In both cases, the seller is responsible for delivering the goods to the port, but once they are loaded onto the ship, the buyer becomes accountable for any loss or damage during shipping. Therefore, it is crucial for the buyer to have insurance in place to cover any potential losses or damages that may occur during shipping.
“Ex ship” refers to a shipping agreement where the seller is responsible for delivering the goods to the buyer’s designated port of destination. The seller bears the risk and cost of transporting the goods until they are unloaded from the ship.
When goods are sold ex ship, it is typically the buyer’s responsibility to arrange for insurance coverage during the transportation of the goods from the ship to the final destination.
Yes, the buyer has the right to inspect the goods upon their arrival at the designated port. If any discrepancies or damages are found, the buyer should notify the seller immediately to resolve the issue.
If the goods are damaged during transit, the buyer should notify the seller promptly and provide evidence of the damage. Depending on the terms of the agreement, the seller may be responsible for compensating the buyer for the damaged goods.
The buyer generally has the right to refuse acceptance of the goods if they do not meet the agreed-upon specifications or if they are damaged beyond acceptable limits. However, it is important to review the specific terms of the agreement to understand the rights and obligations of both parties.
In most cases, the seller cannot unilaterally change the destination port once the goods are sold ex ship. Any changes to the agreed-upon terms would require mutual consent and a formal amendment to the contract.
If the goods are lost at sea during transportation, the risk typically falls on the seller unless otherwise specified in the contract. The seller may be required to compensate the buyer for the value of the lost goods.
The buyer can request a specific shipping method, but it is ultimately the seller’s decision to choose the most suitable method for transporting the goods. However, if the buyer has specific requirements, they should negotiate and include them in the contract.
The buyer generally has the right to resell the goods immediately upon their arrival at the designated port. However, it is advisable to review any local laws or regulations that may apply to the resale of imported goods.
If the goods are not delivered within the agreed-upon timeframe, the buyer may be entitled to claim compensation for any losses incurred due to the delay. However, the specific terms and conditions of the agreement will determine the extent of the buyer’s rights in such situations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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