Sec. 2.320. C.I.F. AND C. & F. TERMS. (a) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.
(b) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to
(1) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
(2) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and
(3) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and
(4) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and
(5) forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights.
(c) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.
(d) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter C. General Obligation and Construction of Contract
Section 2.301. General Obligations of Parties
Section 2.302. Unconscionable Contract or Clause
Section 2.303. Allocation or Division of Risks
Section 2.304. Price Payable in Money, Goods, Realty, or Otherwise
Section 2.305. Open Price Term
Section 2.306. Output, Requirements and Exclusive Dealings
Section 2.307. Delivery in Single Lot or Several Lots
Section 2.308. Absence of Specified Place for Delivery
Section 2.309. Absence of Specific Time Provisions; Notice of Termination
Section 2.310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
Section 2.311. Options and Cooperation Respecting Performance
Section 2.312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
Section 2.313. Express Warranties by Affirmation, Promise, Description, Sample
Section 2.314. Implied Warranty: Merchantability; Usage of Trade
Section 2.315. Implied Warranty: Fitness for Particular Purpose
Section 2.316. Exclusion or Modification of Warranties
Section 2.317. Cumulation and Conflict of Warranties Express or Implied
Section 2.322. Delivery "Ex-Ship"
Section 2.323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"
Section 2.324. "No Arrival, No Sale" Term
Section 2.325. "Letter of Credit" Term; "Confirmed Credit"
Section 2.326. Sale on Approval and Sale or Return; Rights of Creditors
Section 2.327. Special Incidents of Sale on Approval and Sale or Return