Bulk Storage Enterprises is a major distributor of a wide range of household goods. It has two large warehouses in downtown area where it stores imported as well as locally manufactured household goods ready to be packed and sold but only on orders. It engages in wholesale and not retail trade. In April 2020, Smart Purchases Limited ordered 2 tons of high grade plain wheat flour from Bulk Storage Enterprises at a price to be fixed just before delivery of the goods in June 2020.
The flour is stored in large silos in the warehouse. A week before delivery Bulk Storage Enterprises asked its store manager to process the 2 tonne- order put in by Smart Purchase Limited and to also ensure that delivery took place as agreed.
The machines which fill the sacks with flour were only able to process 1 tonne of the order before breaking down due to mechanical failure. The other tonne of the order could not therefore be processed.
On the delivery due date, Bulk Storage Enterprises loaded the 1 ton of plain wheat flour (made up of 200 fifty kilogramme sacks) into a specially designed delivery truck to be conveyed to Smart Purchases Limited.
On reaching the premises of Smart Purchases Limited, it was discovered that half a tone was damaged by rainfall that seeped through the tarpaulin. Smart Purchases Limited refused to take delivery of the whole consignment of 1 tonne delivered by Bulk Storage Limited.
What advice should be given to  Bulk Storage Limited ? Explain
 

Answer rating: 100% (QA)

Bulk Storage Enterprises should carefully assess the contractual and legal aspects of the situation before deciding on the appropriate course of actio... View the full answer