A、A公司应该拒绝B公司要求。
B、根据《公约》规定,收货人发现货物有问题应该维持货物原状,进行加工活转卖就是对货物的侵权,丧失向卖方索赔的权利
C、A公司不应该拒绝B的要求,B在索赔期限内,凭借商检机构的商检证书可以向A索赔
D、以上都对
A、B公司要求不合理,因为货物还在生长期,并没有划归合同项下
B、B公司要求合理,符合不可抗力条件
C、B公司要求不合理,但可以要求延迟或变更履行请求
D、B公司要求合理,应该解除合同
In April 2013, one foreign trade company of China signed a tea export contract with a Canadian importer, requiring a proper packing ,with trade term of CIF Ottawa, covering all risks by PICC. The manufacturer lowered down the humidity of tea to the scale specified in the contract at the last procedure, packed the tea in the containers made of hard paper then in cartons with double layers. The goods were shipped in container and arrived in Ottawa on May 2013. But ,the result of the spection at destination port indicates: all tea has gone off and moldy, the total loss reached one hundred thousand dollars. But ,the temperature and humnidity in the manufacturing place and the import country are modest, the transportation is normal and smooth. Who shall take the responsibility and make compensation for the loss?which are the following analysis correct?
A、The carrier don't take the responsibility,because the transportation is normal
B、The problem is due to the package for the tea cannot meet the requirement of the anti-humidity for common transporataion
C、The main reason is package which occurred before the transportation ,so the manufacturer shall take de responsibility and make compensation for the loss.
D、The loss shall be covered in All Risks, so the premiumer should take the responsibility tof the compensation.
A、The convention is appicable to the contract unless a special agreement is made between both sides
B、In accordance with the Convention, the event in Argentina is not a Force Majeure as the result of the event can be overcome.the bean cake is a kind of substitutable product which can be pruchase in other countries or rejions as no specific origin was stipulateed in the contract. Moreover, there were still four months left for delivry from the attack of flood
C、The Chinese buyer may import the bean cakes from other suppliers and claim agaist the Argentina seller for the price difference or compensation
D、The event in Argentina is a Force Majeure ,so the Chinese buyer may request delay to execute the contract.
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