A Malaysian company named Tiger Cub Co agreed with a London-based Chinese company named Neo International Co
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Question:
The price of goods including the cost, insurance, and freight is the responsibility of the seller.the freight is shipped.
The moment the bill of lading, insurance policy, and invoice are tendered, the buyer shall make payment.
Neo International Co will bear the risk until the Tiger Cub Co takes actual delivery of the wools.
Neo International Co transferred the document to the Tiger Cub Co and the latter paid all the money owed under the agreement. The shipment was supposed to be sent to Penang. However, due to bad weather, and the weather forecast stating that there might be a tsunami in the Malaysian port, the Neo International Co decided to divert the shipment to Mumbai. The wool was sold without permission or notification to Tiger Cub Co.
Tiger Cub Co is not happy with the action of Neo International Co. They claim the money paid since they never received the shipment. The Neo International Co defended themselves and stated that they had given all the documents as agreed in the incoterm 2010. Further, they have the right to sell because the risk is with them until the actual delivery of the goods.
1.Find the issues in the case; and
2.Advise Tiger Cub Co of their rights.
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