Sec. 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.
(a) 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.
(b) An agreement described in Subsection (a) 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.
(c) 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.
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