(1) 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.
(2) 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
(a) 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
(b) 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
(c) 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
(d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and
(e) forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights.
(3) 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.
(4) 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.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§46-2-102. Scope; Certain Security and Other Transactions Excluded From This Article
§46-2–103. Definitions and Index of Definitions
§46-2-104. Definitions: "merchant"; &Quot;between Merchants"; &Quot;financing Agency"
§46-2-105. Definitions: Transferability; "goods"; "future" Goods; "lot"; &Quot;commercial unit."
§46-2-107. Goods to Be Severed From Realty: Recording
§46-2-201. Formal Requirements; Statute of Frauds
§46-2–202. Final Written Expression: Parol or Extrinsic Evidence
§46-2-204. Formation in General
§46-2-206. Offer and Acceptance in Formation of Contract
§46-2-207. Additional Terms in Acceptance or Confirmation
§46-2-209. Modification, Rescission and Waiver
§46-2-210. Delegation of Performance; Assignment of Rights
§46-2-301. General Obligations of Parties
§46-2-302. Unconscionable Contract or Clause
§46-2-303. Allocation or Division of Risks
§46-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§46-2-306. Output, Requirements and Exclusive Dealings
§46-2-307. Delivery in Single Lot or Several Lots
§46-2-308. Absence of Specified Place for Delivery
§46-2-309. Absence of Specific Time Provisions; Notice of Termination
§46-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
§46-2-311. Options and Cooperation Respecting Performance
§46-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
§46-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§46-2-314. Implied Warranty: Merchantability; Usage of Trade
§46-2-315. Implied Warranty: Fitness for Particular Purpose
§46-2-316. Exclusion or Modification of Warranties
§46-2-317. Cumulation and Conflict of Warranties Express or Implied
§46-2-318. Third Party Beneficiaries of Warranties Express or Implied
§46-2-319. f.o.b. and f.a.s.terms
§46-2-320. c.i.f. and c.& f.terms
§46-2-322. Delivery &Quot;ex-ship."
§46-2-323. Form of Bill of Lading Required in Overseas Shipment, &Quot;overseas"
§46-2-324. &Quot;no Arrival, No Sale" Term
§46-2-325. &Quot;letter of Credit" Term; &Quot;confirmed credit."
§46-2-326. Sale on Approval and Sale or Return; Rights of Creditors
§46-2-327. Special Incidents of Sale on Approval and Sale or Return
§46-2-401. Passing of Title; Reservation for Security; Limited Application of This Section
§46-2-402. Rights of Seller's Creditors Against Sold Goods
§46-2-403. Power to Transfer; Good Faith Purchase of Goods; "entrusting."
§46-2-501. Insurable Interest in Goods; Manner of Identification of Goods
§46-2-502. Buyer's Right to Goods on Seller's Repudiation, Failure to Deliver, or Insolvency
§46-2-503. Manner of Seller's Tender of Delivery
§46-2-505. Seller's Shipment Under Reservation
§46-2-506. Rights of Financing Agency
§46-2-507. Effect of Seller's Tender; Delivery on Condition
§46-2-508. Cure by Seller of Improper Tender or Delivery; Replacement
§46-2-509. Risk of Loss in the Absence of Breach
§46-2-510. Effect of Breach on Risk of Loss
§46-2-511. Tender of Payment by Buyer; Payment by Check
§46-2-512. Payment by Buyer Before Inspection
§46-2-513. Buyer's Right to Inspection of Goods
§46-2-514. When Documents Deliverable on Acceptance; When on Payment
§46-2-515. Preserving Evidence of Goods in Dispute
§46-2-601. Buyer's Rights on Improper Delivery
§46-2-602. Manner and Effect of Rightful Rejection
§46-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods
§46-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods
§46-2-605. Waiver of Buyer's Objections by Failure to Particularize
§46-2-606. What Constitutes Acceptance of Goods
§46-2-608. Revocation of Acceptance in Whole or in Part
§46-2-609. Right to Adequate Assurance of Performance
§46-2-610. Anticipatory Repudiation
§46-2-611. Retraction of Anticipatory Repudiation
§46-2-612. &Quot;installment Contract"; Breach
§46-2-613. Casualty to Identified Goods
§46-2-614. Substituted Performance
§46-2-615. Excuse by Failure of Presupposed Conditions
§46-2-616. Procedure on Notice Claiming Excuse
§46-2-701. Remedies for Breach of Collateral Contracts Not Impaired
§46-2-702. Seller's Remedies on Discovery of Buyer's Insolvency
§46-2-703. Seller's Remedies in General
§46-2-705. Seller's Stoppage of Delivery in Transit or Otherwise
§46-2-706. Seller's Resale Including Contract for Resale
§46-2-707. &Quot;person in the Position of a seller."
§46-2-708. Seller's Damages for Nonacceptance or Repudiation
§46-2-709. Action for the Price
§46-2-710. Seller's Incidental Damages
§46-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
§46-2-712. "Cover"; Buyer's Procurement of Substitute Goods
§46-2-713. Buyer's Damages for Nondelivery or Repudiation
§46-2-714. Buyer's Damages for Breach in Regard to Accepted Goods
§46-2-715. Buyer's Incidental and Consequential Damages
§46-2-716. Buyer's Right to Specific Performance or Replevin
§46-2-717. Deduction of Damages From the Price
§46-2-718. Liquidation or Limitation of Damages; Deposits
§46-2-719. Contractual Modification or Limitation of Remedy
§46-2-720. Effect of "cancellation" or "rescission" on Claims for Antecedent Breach
§46-2-722. Who Can Sue Third Parties for Injury to Goods
§46-2-723. Proof of Market Price: Time and Place