Law- Unpaid Seller

d. Obtain and promptly deliver or tender to the buyer any document necessary to enable the buyer to obtain possession of the goods from the carrier.

 - the seller is to follow through with what is outlined in a contract. Buyers are required to pay for and accept items as any contract states.

Similarly leaving furniture, or a large amount of vendor’s chattel have been held as breaches of a vendor’s obligation to give physical vacant possession of the property.

* If the arrangement includes a general right of return relative to the delivered item, where the delivery or

The Seller is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation as set forth in Schedule 2, with all requisite corporate power and authority to own, operate and lease its properties, and to carry on its business as now being conducted. The Seller is duly qualified to do business and is in good standing in each jurisdiction where the conduct of its business or the ownership of its property requires such qualification. The jurisdictions in which the Seller is qualified to do business are set forth in Schedule 2 hereto.

III. If the arrangement includes a general right of return relative to the delivered item, delivery or performance of the undelivered item or items is considered probable and substantially in the control of the vendor.

The buyer shall be notified by the seller regarding the shipment arrangement 7 days before advances, such as the trucking company. Seller shall arrange a delivery that would make sure it on time and in appropriate material or box. The seller will choose a

All goods purchased pass through a receiving department under the direction of the chief purchasing agent. The duties of the receiving department are to unpack, count, and inspect the goods. The quantity received is compared with the quantity shown on the receiving department’s copy of the purchase order. If there is no discrepancy, the purchase order is stamped “OK—Receiving Dept.” and forwarded to the accounts payable section of the accounting

Now, because of the limitation of shipping product into the international marketplace, all product shipments for international delivery go out of the receiving dock for the initial leg of shipment by rail. Prior to expansion into the international marketplace shipping had been limited to the shipping department and receiving was limited to the

a. in CIF, the goods are delivered past the ship’s rail, but S does not possess them until the port of destination. This is distinct from the FOB where delivery and possession occur at same time.

Common Carrier: if the contract permits seller to ship the goods via a common carrier and nothing is said in the contract about risk of loss, then tender occurs and risk of loss shifts to the buyer when the goods are delivered to the carrier. (Sale of Goods, slide #16)

The most important aspect of buying goods is the transfer of ownership. Transferring ownership is done in several ways, depending on the goods that are purchased. Without the proper documents in the possession, goods may be difficult to prove and hard to resell if necessary. Every item purchased contains either a receipt, bill of sale, or title, however, if one is not provided they are easy to acquire at point of sale. The transfer of ownership of the assets happens when the sale is made and it is vigorous to conclude when the ownership has distributed from seller to buy.

SAB 104 lays down the following conditions that should all be fulfilled to enable revenue recognition in cases on non-delivery of goods: (1) The risks of ownership need to have been transferred to the purchasers, (2) The customers have made commitments, preferably written, to procure the goods, (3) The purchasers call for the ‘bill and hold’ transactions, (4) The buyers should be

This essay is will explain contracts of affreightment, the common law implied obligations within and how it is interpreted and incorporated into them. These contracts are drafted based on common law which is derived from custom and judicial precedent. No matter how meticulously drafted, all contracts will contain implied terms. These terms will not be expressly written in to a contract but arise in the absence of stipulation to the contrary . However, in contracts of affreightment ruled by The Hague or Hague Visby Rules, the extent and utilisation of some of these common law implied obligations will be altered leading to a restriction in the express terms negotiating parties, the ship owner and a charterer, are permitted to eliminate or amend. The case examined will be the Baltic and Maritime Council’s (BIMCO) 2003 charterparty for GRAINCON. BIMCO is a global shipping association which provides a large variety of services to its members and represents their views. It also publishes thorough drafts of contracts including charterparties and bills of lading. GRAINCON is one of these and is a standard grain voyage charter party. It includes common law implied terms such as seaworthiness, reasonable dispatch, obligation not to deviate, cargoworthiness and the obligation to care for the cargo, obligations of the shipper, nomination of a safe port and dangerous goods. This essay is divides these terms in to seven individual sections and will be explained and analysed in

The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money.