§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 payments are due when the goods should have arrived.
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 3: GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
11 §2-301. General obligations of parties
11 §2-302. Unconscionable contract or clause
11 §2-303. Allocation or division of risks
11 §2-304. Price payable in money, goods, realty or otherwise
11 §2-306. Output, requirements and exclusive dealings
11 §2-307. Delivery in single lot or several lots
11 §2-308. Absence of specified place for delivery
11 §2-309. Absence of specific time provisions; notice of termination
11 §2-310. Open time for payment or running of credit; authority to ship under reservation
11 §2-311. Options and cooperation respecting performance
11 §2-312. Warranty of title and against infringement; buyer's obligation against infringement
11 §2-313. Express warranties by affirmation, promise, description, sample
11 §2-314. Implied warranty: merchantability; usage of trade
11 §2-315. Implied warranty: fitness for particular purpose
11 §2-316. Exclusion or modification of warranties
11 §2-317. Cumulation and conflict of warranties express or implied
11 §2-319. F.O.B. and F.A.S. terms
11 §2-320. C.I.F. and C.& F. terms
11 §2-323. Forms of bill of lading required in overseas shipment; "overseas"
11 §2-324. "No arrival, no sale" term
11 §2-325. "Letter of credit" term; "confirmed credit"
11 §2-326. Sale on approval and sale or return; rights of creditors
11 §2-327. Special incidents of sale on approval and sale or return