§490:2-321 - C.
§490:2-321 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)
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. [L 1965, c 208, §2-321; HRS §490:2-321]