St. Louis Fine China has accepted an order for a container of plates to ship to a department store warehouse in Germany. The terms of the sale were net 30days, EXW St. Louis.
The shipment left October 1 and arrived to the warehouse October 15th. The invoice was due October 30th.
As the shipment was being unloaded, damage was noticed on half of the product. The customer called to complain. The shipper referred to the INCO terms and asked for payment.
The customer refused to pay the bill.
1) Who is correct? Why?
2) What should have been different in the transaction and agreement?