Seller was late in delivering the machine, so Buyer wired Seller on January 2: “Anxious to take delivery of the computer.

Hope that it arrives by February 1.” Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach. Is Buyer able to avoid the contract under these circumstances? mki5 Risk of Loss Under the CISG