LAW OF INTERNATIONAL TRADE Essay Example | Topics and Well Written Essays - 3500 words

LAW OF INTERNATIONAL great deal - Essay Exampleare deemed to be non-conforming, whether in terms of type or condition, the purchaser has the rightly to sue and, on that basis, reject the goods.3 This is also emphasised in SOGA (1979) 14.2A and 14.2B, where the emptor is required to supply goods which light upon the cartelual description and which are in such a condition as would allow the buyer to use them for the purpose for which he purchased them.4 Articles 15(A) and 15(B) further defines the delivery of defective goods as a breakout of strike which entitles the buyer to repudiate the contract.5 However, the circumstances of this particular fiber suggest that Sweet cannot be held liable for breach of contract while the carrier most likely can be.According to the facts of the case, Sweet delivered the shipper conforming goods. He further satisfied the reminder of his CIF obligations to the buyer, by insuring the goods, arranging for their delivery to the port agreed upon, providing the buyer with a reasonable delivery time,6 arranging for custom clearance and sending Baxwell the requisite documents. These are the obligations which a vendor must satisfy as per both CIF and FOB terms.7Just as CIF and FOB terms travel to certain obligations upon the marketer, they are equally articulate in their definition of the buyers obligations. Assuming that the seller has fulfilled his obligations, both CIF and FOB terms further stipulate that even if the goods are damaged, or lost, the buyer is obligated to pay for them and to accept delivery of goods at the port of destination.8 Therefore, as far as the case at hand is concerned, Baxwell is obliged to accept the documents, take delivery of the goods and satisfy his financial obligations towards Sweet. As conventional in Kwei Tek Chao (t/a Zung Fu Co) v British Traders Shippers Ltd (1954)9 the buyer can only repudiate the sale of goods contract and reject delivery of goods if the goods which the seller supplie d were non-conforming, in type, condition or quality and not if