47-2321. 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 paragraph 1 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.
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