V. Risk discounting, shipping and packaging costs A preliminary issue was found in case there is no delivery time in the sales contract and the judge stated, “in a case where the contract itself has not identified a fixed deadline of the buyer must be a reasonable estimate when the delivery will be completed … ». The judge acknowledged that this had created uncertainty and we agree. There is considerable disagreement as to whether the L/C is compliant or not. The buyer opened an L/C scheduled for shipment by October 31, 2006. The seller challenged and demanded that the L/C be amended to cover November B/Ls. The buyer refused (saying they would be extended if they were needed later). “If the ship is presented to the loading port to be ready to be loaded within the delivery time, the seller must, if necessary, complete the loading after the delivery time has expired. Alternatively, many merchants use “delivery” and “delivery” interchangeable periods to mean the same thing. As a result, the various other terms of the contract must be checked to verify the intent of the parties. This type of FOB contract also complicates the L/C to be opened when the contract provides for an L/C. Almost always, the L/C provides a shipping date and the L/C will not react if the L/L is dated after that period. What date should the buyer insert into the L/C for the alternative nature of the FOB contract? In a traditional approach to a FOB contract, the term “shipping period” is used to create obligations for the seller to ship the goods for a certain period of time, i.e.
until the end of the period. This guarantees a car letter dated no later than the last day of the shipping period. The obligation for the buyer is to issue “effective shipping instructions,” i.e. to designate and load a vessel that can be loaded at the contractual rate until the end of the shipping period. A mail-order contract is a legal document relating to the sale of goods (transfer of a material property at a price) and other commercial transactions under the Single Code of Commerce (UCC). The shipping contract concluded by the buyer and seller indicates the buyer`s risk for losses or damage incurred when shipping the goods. Shipping contracts can also provide other types of information. For example, they justify the seller`s liability until the goods are delivered to a common carrier or shipping port when responsibility is transferred to the carrier or return to the buyer. According to the UCC, the shipping contract allows the buyer and seller to assign the risk in case the goods are lost or damaged before the buyer receives the goods.
The seller promises to bring the goods to a common carrier to deliver the goods from the seller to the buyer. The shipping contract is usually “free on board” and lists where the seller is located. In comparison, the seller`s liability ends with a shipping contract when the goods are loaded onto the carrier or delivered to a given location for shipment to the buyer. On that date, the liability is contractually transferred to the purchaser or the common carrier. This appeared in ERG RM v. Chevron  ALL ER 364 and SHV Gass v. Naftomar  2 All ER 515. In both cases, it was clear that “Laycan” was the arrival and LA NOR period of the buyer ship. In both cases, the seller was not able to charge immediately.
In both cases, the purchaser attempted to terminate the contract due to a delay in loading and the court found that he was not entitled to do so. The time for the buyer to present the vessel was a condition of the contract, meaning that the seller could terminate for the non-arrival of the vessel. There was no such absolute time frame for the delivery of sellers. “A ship that only presents the October 2006 expedition at the buyer`s choice… ». What are the obligations if the FOB contract does not provide for a delivery time? Like a transit contract, a destination contract is a kind of transport contract that relates to the sale of goods and is governed by the UCC.