[Previous] [Next]
§12A-2-321.
§12A-2-321.
Under a contract containing a term C.I.F. or C. and 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
indentification 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.
[Previous] [Next]