c.i.f. or C. & f.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. General Obligation and Construction of Contract
  6. c.i.f. or C. & f.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival

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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.

(Code 1933, § 109A-2 - 321, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:135.

C.J.S.

- 77A C.J.S., Sales, §§ 185 et seq., 208 et seq., 215.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-321.

ALR.

- What constitutes delivery of goods sold under "c.i.f." contract, 10 A.L.R. 701; 20 A.L.R. 1236.

Resale by buyer where seller has refused to receive the property rejected for breach of warranty, 24 A.L.R. 1445.

Buyer's right to inspect at destination where goods are delivered to carrier, 27 A.L.R. 524.

Warranties and conditions upon sale of seeds, nursery stock, etc., 62 A.L.R. 451; 117 A.L.R. 470; 168 A.L.R. 581.

Provision in bill of lading prohibiting or limiting consignee's right to inspect goods shipped, 25 A.L.R.2d 770.


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