Title 11, Chapter 2, Section 321
( 11-2-321)
C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.: (1) Where the price is based on or is to be adjusted according to
"net landed weights," "delivered weights," "out turn" quantity or
quality, or the like, unless otherwise agreed the seller must
reasonably estimate the price. The payment due on tender of the
documents called for by the contract is the amount so estimated, but
after final adjustment of the price a settlement must be made with
commercial promptness. (2) An agreement described in subsection (1) of this Code section or
any warranty of quality or condition of the goods on arrival places
upon the seller the risk of ordinary deterioration, shrinkage, and
the like in transportation but has no effect on the place or time of
identification to the contract for sale or delivery or on the
passing of the risk of loss. (3) Unless otherwise agreed where the contract provides for payment
on or after arrival of the goods the seller must before payment
allow such preliminary inspection as is feasible; but if the goods
are lost delivery of the documents and payment are due when the
goods should have arrived. |