Where the contract of sale prohibits transhipment of the goods, it appears clear that, given the expressed intention of the parties to the contract, the tender by a cif seller of a bill of lading stating that the goods will be transhipped, or stating that the carrier has a liberty to tranship the goods, will constitute a bad tender. Where, however, the contract of sale expressly allows transhipment, the tender of such a bill of lading constitutes good tender, at any rate where the bill of lading does not seek to exclude the carrier's responsibility after the goods are transhipped.
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