Toepfer Vs Airborne Express Case Study
In performance of that contract the seller shipped goods which although shipped in apparent good order arrived in a deteriorated state. This was due to their being insufficiently durable to endure a normal transit.
This case is a bit similar to Toepfer v Continental GrainCo 1974, 1 Lloyds Rep the negligence of the inspectors in issuing the certificate.
Where we can notice that a mistake was made by the certified, even after this was admitted by him to be a mistake, does not invalidate the certificate. It continues to be (relevant remains or permanent) binding as between seller and buyer and all down the chain. [An official certificate to be final as to quality in the trade business is to reduce the risk of disputes as to quality and to achieve …show more content…
Sellers shall have the option of shipping a further 3% more or less than the contract quantity. The excess above 2% or the deficiency below 2% shall be settled on the quantity thereof at shipment at market value on the last day of discharge of the vessel at the port of destination; the value to be fixed by arbitration, unless mutually agreed. Should Sellers exercise the option to ship up to 5%more, the excess over 2% shall be paid for provisionally at contract price. The difference between the contract price and the market price calculated in accordance with the provisions of this clause shall be adjusted in a final invoice. In the event of more than one shipment being made, each shipment shall be considered a separate contract, but the margin of the mean quantity sold shall not be affected …show more content…
SHIPPING CONTRACT
Our contract is CIF Incoterms, which mean the seller delivers when the good pass the ship rail in the port of loading and we required the port of destination. The seller is charge for paying the cost, freight and insurance necessary to bring the goods to the named port of destination, but the risk of loss or damage to the goods passes from seller to buyer upon delivery to the port of shipment.
In contract CIF meant that risk of loss passed to the Company B when the goods passed over the ship railing they were being loaded in US. As the goods were not damaged at that time, any damages caused while the goods were being transported to Italy would fall to the buyer and its insurance company.
In CIF contract we also have to mention, the seller is protected since the goods continue to be in his ownership until the buyer pays for them. The buyer is protected as well for this, until he pays against the documents and the moment he becomes the owner and can take delivery of
This case is a bit similar to Toepfer v Continental GrainCo 1974, 1 Lloyds Rep the negligence of the inspectors in issuing the certificate.
Where we can notice that a mistake was made by the certified, even after this was admitted by him to be a mistake, does not invalidate the certificate. It continues to be (relevant remains or permanent) binding as between seller and buyer and all down the chain. [An official certificate to be final as to quality in the trade business is to reduce the risk of disputes as to quality and to achieve …show more content…
Sellers shall have the option of shipping a further 3% more or less than the contract quantity. The excess above 2% or the deficiency below 2% shall be settled on the quantity thereof at shipment at market value on the last day of discharge of the vessel at the port of destination; the value to be fixed by arbitration, unless mutually agreed. Should Sellers exercise the option to ship up to 5%more, the excess over 2% shall be paid for provisionally at contract price. The difference between the contract price and the market price calculated in accordance with the provisions of this clause shall be adjusted in a final invoice. In the event of more than one shipment being made, each shipment shall be considered a separate contract, but the margin of the mean quantity sold shall not be affected …show more content…
SHIPPING CONTRACT
Our contract is CIF Incoterms, which mean the seller delivers when the good pass the ship rail in the port of loading and we required the port of destination. The seller is charge for paying the cost, freight and insurance necessary to bring the goods to the named port of destination, but the risk of loss or damage to the goods passes from seller to buyer upon delivery to the port of shipment.
In contract CIF meant that risk of loss passed to the Company B when the goods passed over the ship railing they were being loaded in US. As the goods were not damaged at that time, any damages caused while the goods were being transported to Italy would fall to the buyer and its insurance company.
In CIF contract we also have to mention, the seller is protected since the goods continue to be in his ownership until the buyer pays for them. The buyer is protected as well for this, until he pays against the documents and the moment he becomes the owner and can take delivery of