3. The cargo ship Maersk Gibraltarflies a Hong Kong flag, and the shipment of goods departed from a mainland Chinese Port. Which version (if any) of the Hague Visby Rules would you expect to apply to the contract of carriage contained in theMaersk GibraltarBill of Lading.Explain.

4. Discuss whether Zvi Cars can or should sue the carrier for the loss and delay of the Cars. Can the carrier rely on any defences if action is taken against it?

2024_Assessment 2 BTX3110 (3) - Word phanit hong PH O X File Home Insert Draw Design Layout References Mailings Review View Help Tell me what you want to do do Cut Times New Roman - 12 - A A|Aav A abx A Find Copy AaBbCcDi AaBbCcDi AaBbCcD AaBbCc AaBbCcC Sac Replace Paste 1 List Para... 1 Normal No Spac... Heading 1 Heading 2 Add-ins Format Painter BI Uv abe X2 X AL . A A h Select clipboard Font Paragraph Styles Editing Add-ins i GET GENUINE OFFICE Your license isn't genuine, and you may be a victim of software counterfeiting. Avoid interruption and keep your files safe with genuine Office today. Get genuine Office Learn more X BIX3110 International Trade Law needs to be replaced by better quality (thicker and more expensive) wiring before the cars can Semester One, 2024 meet Israeli roadworthy inspection certifications standards. Second Assessment Zvi Cars seeks your advice on the following questions: Question 1: 1. When do you think Zvi Cars paid for the goods? Can Zvi Cars recover any of the Zvi Cars is a car retailer based in the city of Afula, Israel. Zvi Cars imports cars from both contract price? Explain Why or Why Not. China and Europe. In late 2023, Zvi Cars placed an order for 20 (twenty) Atto 3 electric (3 Marks) subcompact crossover model cars from the BYD factory in BYD Road, Shenzhen, PRC. The seller, BYD Auto, quotes two separate prices for the order - the first price is for delivery FCA 2. Assume the contract delivery term was CIF Haifa (Incoterms 2020). What advantages Shenzhen (Incoterms 2020), the second price is for delivery CPT Haifa (Incoterms (2020) and disadvantages over the CPT Haifa Incoterm would CIF terms have provided for Which of the two prices quoted will be higher, and why? Zvi Cars? (2 Marks) (3 Marks) 3. The cargo ship Maersk Gibraltar flies a Hong Kong flag, and the shipment of goods An agreement was finally reached for delivery CPT Haifa (Incoterms 2020) on or before 20 departed from a mainland Chinese Port. Which version (if any) of the Hague Visby October 2023. The cars were loaded on board the cargo vessel Maersk Gibraltar at the port of Rules would you expect to apply to the contract of carriage contained in the Maersk Shenzhen, China on 19 October 2023, and a clean, on-board bill of lading was issued for "20 Gibraltar Bill of Lading. Explain. BYD brand cars in apparent good order and c t's invoice together with (1 Mark) the Bill of lading and relevant customs-clearance documents were sent to the buyer (Zvi Cars) via the buyer's bank - Leumi Bank, London. 4. Discuss whether Zvi Cars can or should sue the carrier for the loss and delay of the Cars. Can the carrier rely on any defences if action is taken against it? Zvi Cars received the shipping documentation on 27 October 2023 and began anxiously (4 Marks) awaiting arrival of cargo into Haifa. Like many Israeli businesses, Zvi Cars is worried about the impact of military conflict in Gaza on global shipping through the Red-Sea shipping routes. 5. Regardless of your answer to question 4, what is the maximum amount of compensation Zvi Cars' fears are realised in mid-December when it receives copy of a "shipping incident" the carrier would be liable to pay for the loss of and/or delay to arrival of goods under report from the carrier, Maersk Shipping, as follows: the Hague Visby Rules? Dec. 14, 2023: Al-Houthi forces targeted cargo vessel Maersk Gibraltar with a ballistic (2 Marks) missile in the Bab el-Mandab Strait. The missile exploded a short distance away from the vessel, causing no damage or casualties. Following the attack, an entity claiming to be the Yemeni Navy hailed the vessel in a failed attempt to divert the vessel to Yemen. Total Marks for this Assessment: 15 Marks or 15% of your total assessment in this unit. An Al-Houthi spokesperson later claimed that Maersk Gibraltar had been targeted as Word Limit Guide: Between 1,200 and 1,500 words. it was sailing to Israel, and that a successful drone strike had been carried out. Efforts are now underway to trace the vessel, which has disappeared from satellite view. It appears that the electronic systems on the cargo vessel are no longer operational. Criteria for assessment includes: Recovery efforts begin, initiated by Maersk Shipping and conducted with the help of a. Clarity and succinctness of expression government naval patrol vessels from the USA and UK. Unrelated to ocean-based cargo ship b. Clarity of structure and explanation recovery efforts, several Houthi-controlled areas of Yemen are bombed. No organisation or c. Level of understanding of the law demonstrated government claims responsibility for the bombings, but UK and USA forces do enter the areas devastated by bombing, along with staff from international humanitarian relief organisations. During clean-up and relief operations, a warehouse containing ten (10) BYD Atto 3 electric cars is discovered. The cars are soon identified as part of a larger consignment originating from China on cargo vessel Maersk Gibraltar. The ship has yet to be located. In early February 2024, Zvi Cars receives the first piece of good fortune it has had for some time when the ten cars arrive in Haifa and are cleared for delivery. Zvi Cars' delight is somewhat dampened, however, when it discovers that faulty wiring has been installed in the cars' transmission. The faulty wiring is poor quality, too thin and degrades very quickly. It Page 2 of 4 1550 words X English (Australia) Accessibility: Good to go 57% 2. Enter the course 10 Q P ENG 9:57 PM 4/21/2024 42024_Assessment 2 BTX3110 (3) - Word phanit hong PH O X File Home Insert Draw Design Layout References Mailings Review View Help Tell me what you want to do do Cut Times New Roman - 12 - A A|Aav A abx A I= VOLV ED AV NI T Find Copy AaBbCcDi AaBbCcDI AaBbCcD AaBbCc AaBbCcC Sac Replace Paste BI Uv abe X2 X AL . A A 1 List Para... 1 Normal No Spac... Heading 1 Heading 2 Add-ins Format Painter hs Select clipboard Font Paragraph Styles Editing Add-ins i GET GENUINE OFFICE Your license isn't genuine, and you may be a victim of software counterfeiting. Avoid interruption and keep your files safe with genuine Office today. Get genuine Office Learn more X Contract of Sale between BYD Auto, Shenzhen, China and Zvi Car Retail, Afula, Israel. 5. Cancellation The Contract of Sale (this Agreement) is entered into on 3 October 2023 The Buyer agrees that orders for customised Goods cannot be cancelled or varied following advance payment. Under this Agreement 'The Seller', BYD Auto, Shenzhen, China, agrees to sell to 'The Buyer', Zvi Car Retail, Afula, Israel, 'The Goods', being 10 (ten), Atto 3 subcompact 6. Inspection and Notice crossover model EV (Red colour); plus 10 (ten) Atto 3 electric subcompact crossover model EV (Blue colour). The Buyer may arrange pre-shipment inspection at own cost. The Seller agrees to notify the Buyer within a reasonable time before shipment that the goods are ready for inspection. The This Agreement is subject to The Seller's standard terms and conditions. Buyer shall inspect the Goods once received and shall do so within 3 days after receipt of the Goods. In the event damage, shortage or other non-conformance of the Goods is discovered by 1. Price and Payment the Buyer, the Buyer shall notify the Seller within 5 days after the receipt of the Goods or the date when the Buyer discovers or ought to have discovered the lack of conformity. The The Buyer will pay to the Seller for the goods and all obligations specified in this Agreement, notification must specify the basis of the damage, shortage or non-conformance. the purchase price of USD $35,000 per vehicle CPT Port of Haifa (unloaded) (Incoterms 2020). All reference to trade terms (eg. FOB, CIF etc) are references to the ICC Incoterms and the The Buyer agrees to pay 40% of total purchase price in advance by electronic transfer of funds version applicable as at the date of the contract. to the Seller's nominated account: Hong Kong Shanghai Banking Corporation, Account name BYD Auto, Account No. CN-SZ-1037-987. 7. Force Majeure The Buyer agrees to pay the remaining purchase price by electronic transfer to the Seller's The Seller shall not be responsible for any claims or damages resulting from any delays in nominated account within 14 days of the receipt of the Bill of Lading. performance or for non-performance due to unforeseen circumstances or causes beyond the Seller's reasonable control 2. Delivery 8. Limitation of Liability The Seller agrees to ship the goods not later than 20 October 2023. Goods will be shipped from Shenzhen, China to Haifa, Israel. Please note shipping from mainland China to Middle Eastern The Seller's liability for lack of conformity of the goods shall be limited to proven loss not destinations can take 3 weeks or more. The Goods are sold on CPT (unloaded) Incoterm exceeding 120% of the contract price. The Seller's liability for delay in production and Standard Terms. shipment of the goods, shall be limited to damages equal to 0.5% of the price of those goods for each complete week of delay, provided the Buyer notifies the Seller of the delay. 3. Seller Representations and Warranties 9. Amendments The Seller warrants that the goods are free, and at the time of delivery will be free, from any security interest or other lien or encumbrance. The Seller warrants that there are no outstanding No amendment to this Agreement will be effective unless in writing and signed by both parties. titles or claims of title hostile to the rights of the Seller in the Goods. 10. Governing Law and Dispute Resolution 4. Documents The terms of this Agreement shall be governed by and interpreted in accordance with the laws The Seller will provide the following documents: of the People's Republic of China, as in force on the date of contract. The parties agree that the Transport document: Bill of Lading UN Convention on International Contracts for the Sale of Goods, as enacted in the People's Commercial Invoice: Yes Republic of China, shall apply to this contract." Packing list: No Insurance Document: No In the event of any dispute arising from this Agreement it shall be resolved through binding Certificate of Origin: Yes arbitration. Binding arbitration shall be conducted in Beijing, China, under the auspices of and Certificate of fuel safety: Yes in accordance with the rules of the China International Economic and Trade Arbitration Certificate of Roadworthiness: Yes: Certificate of compliance with minimum Commission (CIETAC). requirements recommended by the United Nations World Forum for the harmonization of vehicle regulations (WP.29) You may assume the Chinese legislation enacting the UN CISG is in the same terms as the Victorian legislation (Australia). Page 1 of 4 1550 words * English (Australia) Accessibility: Good to go 57% 10 Q W N P ENG 9:58 PM 4/21/2024