HRS §490:2-322
What delivery 'ex-ship' means for buyers and sellers
This section explains what it means when a contract says goods will be delivered 'ex-ship.' It says the seller must use a ship that reaches the usual unloading spot at the named port, clear any shipping liens, and give the buyer instructions for the carrier. The buyer only takes the risk of loss after the goods are unloaded from the ship.
buyers
The statute, as written — 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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.