§ 6A-2-321 - C.I.F. or C. & F. – "Net landed weights" – "Payment on arrival" – Warranty of condition on arrival.
SECTION 6A-2-321
§ 6A-2-321 C.I.F. or C. & F. – "Netlanded weights" – "Payment on arrival" – Warranty of condition onarrival. – Under a contract containing a term C.I.F. or C. & F.,
(1) Where the price is based on or is to be adjustedaccording to "net landed weights", "delivered weights", "out turn" quantity orquality or the like, unless otherwise agreed, the seller must reasonablyestimate the price. The payment due on tender of the documents called for bythe contract is the amount so estimated, but after final adjustment of theprice a settlement must be made with commercial promptness.
(2) An agreement described in subsection (1) or any warrantyof quality or condition of the goods on arrival places upon the seller the riskof ordinary deterioration, shrinkage, and the like in transportation, but hasno effect on the place or time of identification to the contract for sale ordelivery or on the passing of the risk of loss.
(3) Unless otherwise agreed, where the contract provides forpayment on or after arrival of the goods the seller must, before payment allowsuch preliminary inspection as is feasible; but if the goods are lost, deliveryof the documents and payment are due when the goods should have arrived.