(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.
Structure New York Laws
Part 3 - General Obligation and Construction of Contract
2-301 - General Obligations of Parties.
2-302 - Unconscionable Contract or Clause.
2-303 - Allocation or Division of Risks.
2-304 - Price Payable in Money, Goods, Realty, or Otherwise.
2-306 - Output, Requirements and Exclusive Dealings.
2-307 - Delivery in Single Lot or Several Lots.
2-308 - Absence of Specified Place for Delivery.
2-309 - Absence of Specific Time Provisions; Notice of Termination.
2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation.
2-311 - Options and Cooperation Respecting Performance.
2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
2-313 - Express Warranties by Affirmation, Promise, Description, Sample.
2-314 - Implied Warranty: Merchantability; Usage of Trade.
2-315 - Implied Warranty: Fitness for Particular Purpose.
2-316 - Exclusion or Modification of Warranties.
2-317 - Cumulation and Conflict of Warranties Express or Implied.
2-318 - Third Party Beneficiaries of Warranties Express or Implied.
2-319 - F. O. B. and F. A. S. Terms.
2-320 - C. I. F. and C. & F. Terms.
2-323 - Form of Bill of Lading Required in Overseas Shipment; "Overseas".
2-324 - "No Arrival, No Sale" Term.
2-325 - "Letter of Credit" Term; "Confirmed Credit".
2-326 - Sale on Approval and Sale or Return; Rights of Creditors.
2-327 - Special Incidents of Sale on Approval and Sale or Return.