Section 2.322 - Delivery "Ex-Ship"(a) 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.(b) Under such a term unless otherwise agreed (1) 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(2) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.Tex. Bus. and Comm. Code § 2.322
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. 9/1/1967.