Pacific Trading Co Ltd is an Australian company. It bought 10,000 cubic metres of plywood from Wangda Development Co Ltd of Hong Kong in June 1998 at US$390 per cubic metre. The contract of sale contained many terms, including, the following:
- the goods must be delivered CIF Sydney between 10 and 30 August 1998;
- if the seller is unable to deliver the goods according to the contract, the buyer will be compensated for any replacement goods purchased;
- the contract is subject to the law of Australia.
By 30 August 1998, Wangda Development delivered 5,000 cubic metres of plywood. When the goods arrived in Sydney, it was discovered on inspection that 30 per cent of the plywood delivered was defective. The market price of plywood is now about US$395 per cubic metre.
Advise Pacific Trading of its rights against Wangda under the Vienna Sales Convention.Pacific Trading Co Ltd is an Australian company. It bought 10,000 cubic metres of plywood from Wangda Development Co Ltd of Hong Kong in June 1998 at US$390 per cubic metre. The contract of sale contained many terms, including, the following:
- the goods must be delivered CIF Sydney between 10 and 30 August 1998;
- if the seller is unable to deliver the goods according to the contract, the buyer will be compensated for any replacement goods purchased;
- the contract is subject to the law of Australia.
By 30 August 1998, Wangda Development delivered 5,000 cubic metres of plywood. When the goods arrived in Sydney, it was discovered on inspection that 30 per cent of the plywood delivered was defective. The market price of plywood is now about US$395 per cubic metre.
Advise Pacific Trading of its rights against Wangda under the Vienna Sales Convention.