118

LAWS OF MARYLAND

[Ch. 49

(4) Under the term F. O. B. vessel or F. A. S.
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.

2—320. C.I.F. and C. & F. terms.

(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)   toad 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