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The contract between Sefton Toy’s and Nee Soon Wat was based on two contractual laws; Incoterms 2000 and UN Convention on Contracts for the International Sale of Goods. According to, UN Convention on Contracts for the International Sale of Goods the obligations of buyers and sellers are given below which will help to resolve this case.
Obligations of the seller
According to this Convention generally the obligations from seller’s end is the delivery of goods along with documents in conformity with the contract. This Convention also made supplementary rules which can be used in absence of agreement of contract. These rules states how, when and where the obligations should be performed by the sellers. It also provides numerous rules about the seller’s obligations regarding quality of the commodities being sold. It suggests the seller must convey the commodities matching to the quality, quantity and description which are requisites of the buyer defined in the contract. The goods to be also packaged and marked according to the requisites of the buyer described in the contract. One significant rule which involve seller’s obligation is that the delivered merchandise should be free from third party rights or claims. There is another rule which is connected with the buyer’s obligation that is to inspect the goods. If any lack of conformity is discovered by the buyer in accord to the contract he must serve a notice within a rational period. It must be within 2 years from the delivery date of the consignment. (United Nations Convention on Contracts for the International, p.38) Obligations of the buyer According to this convention the obligations from the buyer’s end are making the payment for the goods and accepting the delivery in accordance to the contract. During making payment it also includes performance of duties ...Show more
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In this case a complicated situation arose between the buyer and seller due to occurrence of some unfortunate events. The events occurred in between loading of cargo and the shipment of cargo to the agreed destination. One of the event was several boxes were dropped by the crane during loading of the consignment…
International Aspects Of Business Law
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