HRS § 490-2-321 - C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival

In a C.I.F. or C. & F. contract, the seller must estimate the price reasonably when weight or quantity adjustments are used, settle promptly after final price adjustment, allow feasible prepayment inspection when payment is due on or after arrival, and bear ordinary transit deterioration risk in certain cases.

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Jurisdiction: United States — Hawaii
Instrument: Act or statute
Version: Undated source snapshot
Language: en
Updated: 1 Jan 2017
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contract pricing delivery inspection risk allocation

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Provisions of HRS § 490-2-321 - C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival

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HRS § 490-2-321 - C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival
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AI-assisted research summary: In a C.I.F. or C. & F. contract, the seller must estimate the price reasonably when weight or quantity adjustments are used, settle promptly after final price adjustment, allow feasible prepayment inspection when payment is due on or after arrival, and bear ordinary transit deterioration risk in certain cases.

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 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. [L 1965, c 208, §2-321; HRS ]

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HRS § 490-2-321 - C.I.F. or C. & F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival

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