§ 41-02-38 — (2-321) C.I.F or C & F - Net landed weights - Payment on arrival - Warranty of condition on arrival

North Dakota § 41-02-38

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: Sales

Text

of condition on arrival.
Under a contract containing a term C.I.F. or C. & F.:
1. If the price is based on or is to be adjusted according to "net landed weights",
"delivered weights", "outturn" 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, if 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.