399. Bill of lading and transhipment.

399.     Bill of lading and transhipment.

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