---
title: "O.C.G.A. § 11-2-321. C.I.F. or C. & F.: “net landed weights”; “payment on arrival”; warranty of condition on arrival."
collection: code
id: 11-2-321
cite_as: O.C.G.A. § 11-2-321 (2025)
canonical_url: https://georgiacommons.org/code/11-2-321
md_url: https://georgiacommons.org/code/11-2-321.md
text_url: https://georgiacommons.org/code/11-2-321/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=161
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SALES / GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
---

# O.C.G.A. § 11-2-321. 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) of this Code section 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.

## History

Code 1933, § 109A-2-321, enacted by Ga. L. 1962, p. 156, § 1.