solution

Jones Company in New York arranges the sale of 500 barrels of specified chemicals to a buyer in Brazil. The items are shipped “CIF, Rio de Janeiro” with standard terms. The buyer wanted a certificate of analysis and a certificate of inspection delivered before it will pay for the goods while they are still in transit. The bill of lading document was presented to buyer who refused to pay, demanding these two certificates be presented also. How does the judge (you) decide the case?

a. The buyer wins by claiming that breach occurred by seller’s refusal to provide certificates.
b. The seller claim for payment must be granted.
c. The chemicals being transported were in opinion of buyer underinsured and buyer had no duty to pay until arrival.
d. The buyer can refuse to accept the bill of lading at any time and thus prevent payment obligation.
 
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