I will be very grateful if I get an answer today. 4. In Comptoir d'Achat et de Vente Boerenbond Belge SA v Luis Ridder Limitada (The Julia), the sellers (in the Argentine) sold 500 tons of rye CIF Antwerp to the buyers (in Belgium). The contract contained, among others, the following terms:

(a) payment was to be made in exchange for bills of lading and/or delivery order and policies and/or certificates of insurance;

(b) condition of the grain was to be guaranteed on arrival; and

(c) any deficiency in the weight of the arrived cargo below that stated in the bill of lading was to be paid for by the sellers.

A cargo of 1,120 tons of rye was shipped, and a delivery order addressed to M/s Van Bree of Antwerp (cargo superintendents for the sellers) was sent to the buyers. Delivery orders are generally used where cargo has been shipped under one bill of lading and the buyer has bought only a part of the cargo. The delivery order requested Van Bree to release 500 tons of the cargo on arrival. The delivery order contained an endorsement by Van Bree, who undertook to honour the request. The buyers paid the price against the delivery order. The buyers, however, did not receive the cargo. While the cargo was at sea, Belgium was invaded by the Germans and the cargo re-routed to Lisbon, where it was sold. The buyers demanded the return of the money they had paid for the cargo on the basis that there had been a total failure of performance.

Question: What is a CIF contract? Would this contract be construed as a CIF contract? Has the nature of this contract been changed? Had the sellers to refund the money paid by the buyers?