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 payment are due when the goods should have arrived.
HISTORY: 1962 Code Section 10.2-321; 1966 (54) 2716.
Structure South Carolina Code of Laws
Chapter 2 - Commercial Code - Sales
Section 36-2-101. Short title.
Section 36-2-102. Scope; certain security and other transactions excluded from this Chapter.
Section 36-2-103. Definitions and index of definitions.
Section 36-2-104. Definitions: "Merchant"; "between merchants"; "financing agency".
Section 36-2-105. Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit".
Section 36-2-107. Goods to be severed from realty; recording.
Section 36-2-201. Formal requirements; statute of frauds.
Section 36-2-202. Final written expression; parol or extrinsic evidence.
Section 36-2-203. Seals inoperative.
Section 36-2-204. Formation in general.
Section 36-2-205. Firm offers.
Section 36-2-206. Offer and acceptance in formation of contract.
Section 36-2-207. Additional terms in acceptance or confirmation.
Section 36-2-208. Repealed by 2014 Act No. 213, Section 46, eff October 1, 2014.
Section 36-2-209. Modification, rescission and waiver.
Section 36-2-210. Delegation of performance; assignment of rights.
Section 36-2-301. General obligations of parties.
Section 36-2-302. Unconscionable contract or clause.
Section 36-2-303. Allocation or division of risks.
Section 36-2-304. Price payable in money, goods, realty, or otherwise.
Section 36-2-305. Open price term.
Section 36-2-306. Output, requirements and exclusive dealings.
Section 36-2-307. Delivery in single lot or several lots.
Section 36-2-308. Absence of specified place for delivery.
Section 36-2-309. Absence of specific time provisions; notice of termination.
Section 36-2-310. Open time for payment or running of credit; authority to ship under reservation.
Section 36-2-311. Options and cooperation respecting performance.
Section 36-2-313. Express warranties by affirmation, promise, description, sample.
Section 36-2-314. Implied warranty; merchantability; usage of trade.
Section 36-2-315. Implied warranty: Fitness for particular purpose.
Section 36-2-316. Exclusion or modification of warranties.
Section 36-2-317. Cumulation and conflict of warranties express or implied.
Section 36-2-318. Third party beneficiaries of warranties express or implied.
Section 36-2-319. F.O.B. and F.A.S. terms.
Section 36-2-320. C.I.F. and C. & F. terms.
Section 36-2-322. Delivery "ex-ship".
Section 36-2-323. Form of bill of lading required in overseas shipment; "overseas".
Section 36-2-324. "No arrival, no sale" term.
Section 36-2-325. "Letter of credit" term; "confirmed credit".
Section 36-2-326. Sale on approval and sale or return; consignment sales and rights of creditors.
Section 36-2-327. Special incidents of sale on approval and sale or return.
Section 36-2-328. Sale by auction.
Section 36-2-401. Passing of title; reservation for security; limited application of this section.
Section 36-2-402. Rights of seller's creditors against sold goods.
Section 36-2-403. Power to transfer; good faith purchase of goods; "entrusting".
Section 36-2-501. Insurable interest in goods; manner of identification of goods.
Section 36-2-502. Buyer's right to goods on seller's insolvency.
Section 36-2-503. Manner of seller's tender of delivery.
Section 36-2-504. Shipment by seller.
Section 36-2-505. Seller's shipment under reservation.
Section 36-2-506. Rights of financing agency.
Section 36-2-507. Effect of seller's tender; delivery on condition.
Section 36-2-508. Cure by seller of improper tender or delivery; replacement.
Section 36-2-509. Risk of loss in the absence of breach.
Section 36-2-510. Effect of breach on risk of loss.
Section 36-2-511. Tender of payment by buyer; payment by check.
Section 36-2-512. Payment by buyer before inspection.
Section 36-2-513. Buyer's right to inspection of goods.
Section 36-2-514. When documents deliverable on acceptance; when on payment.
Section 36-2-515. Preserving evidence of goods in dispute.
Section 36-2-601. Buyer's rights on improper delivery.
Section 36-2-602. Manner and effect of rightful rejection.
Section 36-2-603. Merchant buyer's duties as to rightfully rejected goods.
Section 36-2-604. Buyer's options as to salvage of rightfully rejected goods.
Section 36-2-605. Waiver of buyer's objections by failure to particularize.
Section 36-2-606. What constitutes acceptance of goods.
Section 36-2-608. Revocation of acceptance in whole or in part.
Section 36-2-609. Right to adequate assurance of performance.
Section 36-2-610. Anticipatory repudiation.
Section 36-2-611. Retraction of anticipatory repudiation.
Section 36-2-612. "Installment contract"; breach.
Section 36-2-613. Casualty to identified goods.
Section 36-2-614. Substituted performance.
Section 36-2-615. Excuse by failure of presupposed conditions.
Section 36-2-616. Procedure on notice claiming excuse.
Section 36-2-701. Remedies for breach of collateral contracts not impaired.
Section 36-2-702. Seller's remedies on discovery of buyer's insolvency.
Section 36-2-703. Seller's remedies in general.
Section 36-2-705. Seller's stoppage of delivery in transit or otherwise.
Section 36-2-706. Seller's resale including contract for resale.
Section 36-2-707. "Person in the position of a seller".
Section 36-2-708. Seller's damages for nonacceptance or repudiation.
Section 36-2-709. Action for the price.
Section 36-2-710. Seller's incidental damages.
Section 36-2-711. Buyer's remedies in general; buyer's security interest in rejected goods.
Section 36-2-712. "Cover"; buyer's procurement of substitute goods.
Section 36-2-713. Buyer's damages for nondelivery or repudiation.
Section 36-2-714. Buyer's damages for breach in regard to accepted goods.
Section 36-2-715. Buyer's incidental and consequential damages.
Section 36-2-716. Buyer's right to specific performance or replevin.
Section 36-2-717. Deduction of damages from the price.
Section 36-2-718. Liquidation or limitation of damages; deposits.
Section 36-2-719. Contractual modification or limitation of remedy.
Section 36-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.
Section 36-2-721. Remedies for fraud.
Section 36-2-722. Who can sue third parties for injury to goods.
Section 36-2-723. Proof of market price; time and place.
Section 36-2-724. Admissibility of market quotations.
Section 36-2-725. Statute of limitations in contracts for sale.
Section 36-2-801. Definitions.
Section 36-2-802. Personal jurisdiction based upon enduring relationship.
Section 36-2-803. Personal jurisdiction based upon conduct.
Section 36-2-804. Service outside the State.
Section 36-2-805. Other bases of jurisdiction unaffected.
Section 36-2-806. Manner and proof of service.
Section 36-2-807. Individuals eligible to make service.