Section 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. and 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. and 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.Okla. Stat. tit. 12A, § 2-323
Laws 1961, p. 84, § 2-323; Amended by Laws 2005 , HB 2035, c. 140, § 45, eff. 1/1/2006.Oklahoma Code Comment
In some domestic shipments, and in most foreign shipments, bills of lading are issued in sets, usually of four. All parts of the set cover the complete shipment, and are original bills. Parts of the set travel with the goods, and the other parts are sent by other means of transportation. This is done so that there will be evidence of the shipment available in the event of casualty to other parts. The presence of several original bills, however, creates the problem of bona fide purchasers of parts, which is governed by Article 5 of the Commercial Code. The problem of presenting the bills for payment is governed in this section.