MARVIN MANDEL, Governor

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tender of the required documents and the seller may not
tender nor the buyer demand delivery of the goods in
substitution for the documents,

2-321. 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 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.

2-322. Delivery "ex-ship."

(1)   Unless otherwise agreed a term for delivery of
goods "ex—ship" (which means from the carrying vessel) or
in equivalent language is not restricted to a particular
ship and requires delivery from a ship which has reached
a place at the named port of destination where goods of
the kind are usually discharged.

(2)   Under such a term unless otherwise agreed

(a)    The seller must discharge all liens
arising out of the carriage and furnish the buyer with a
direction which puts the carrier under a duty to deliver
the goods; and

(b)    The risk of loss does not pass to the
buyer until the goods leave the ship's tackle or are
otherwise properly unloaded,

2—323. Form of bill of lading required in overseas