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Question: Provide a critical assessment of the duties of a seller in a c.i.f. contract

22 Oct 2022,10:07 PM

 

Question One

 

Provide a critical assessment of the duties of a seller in a c.i.f. contract

 

The aim of Question One is to (1) test your ability to undertake independent research, and (2) to apply this independent research in a critical way. 

 

Question Two

 

“Aston Catering Supplies” (a wholesaler based in Birmingham) enter into a contract with Pierre, in France, for the purchase of 1,000 tons of Wheat c.i.f. Bristol.  They intend to grind the wheat in their mill and sell the flour to companies based in the UK.  They also enter into a contract with “Fernando’s Fresh Fruits”, in Ecuador, f.o.b. Bolivar for the purchase of 2,000 bananas that they intend to sell to regular customers.

 

Both contracts call for August shipment and payment by confirmed irrevocable letter of credit at Eagle Bank on presentation of shipping documents.

 

A confirmed irrevocable letter of credit is opened on 2nd August in favour of Pierre and the bank pays against presentation of a received for shipment bill of lading, an insurance policy and an invoice.

 

A revocable letter of credit is opened in favour of Fernando’s Fresh Fruits on 27th July.  When the documents arrive at the bank they are rejected due to the spelling of Fernando’s Fresh Fruits as Fernando’s Fresh Fruit.

 

Assume the parties have incorporated the UCP 600.

 

Discuss the issues raised by these facts.

Expert answer

 

Under a c.i.f. contract, the seller is obligated to deliver the goods to the buyer at the port of destination and to obtain and pay for the insurance required by the buyer. The seller is also responsible for ensuring that the goods are properly packed and marked, and that all necessary documents are prepared and forwarded to the buyer in a timely manner. In addition, the seller must take all reasonable steps to avoid or mitigate any delays or other problems which may arise during shipment of the goods. If any problems do occur, the seller is expected to notify the buyer promptly and keep them updated on developments. Finally, the seller is generally responsible for paying any demurrage or storage charges which may be incurred due to delays in delivery of the goods.

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