70A-2-321 - C.I.F. or C.&F. -- "Net landed weights" -- "Payment on arrival" -- Warranty of condition on arrival. - Utah Statutes

70A-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.
(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 sellermust reasonably estimate the price. The payment due on tender of the documents called for by thecontract is the amount so estimated, but after final adjustment of the price a settlement must bemade with commercial promptness.
(2) An agreement described in Subsection (1) or any warranty of quality or condition ofthe goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and thelike in transportation but has no effect on the place or time of identification to the contract for saleor delivery or on the passing of the risk of loss.
(3) Unless otherwise agreed where the contract provides for payment on or after arrival ofthe goods the seller must before payment allow such preliminary inspection as is feasible; but ifthe goods are lost delivery of the documents and payment are due when the goods should havearrived.

Enacted by Chapter 154, 1965 General Session