A Ghanaian company which manufactures Cocoa body products had the following order from a UK company. The order was placed on 1 st June 2021 The following terms where agreed upon: Total Quantity of goods ordered: 5000 pieces. The breakdown is as follows: Shea butter body cream: 1000pcs; Cocoa soap: 2000 pcs; Alata soap: 1000pcs; Cocoa hand cream: 1000pcs. The UK Company ordered the items based on samples they had collected, tested and approved. The raw materials must be necessarily Ghanaian Cocoa. The outcome must be of excellent quality just like the sample. The goods should be packaged in boxes of 50 for each product and must have a certificate of origin and serial numbers attached to all shipments. The goods where required to be in London on or before 17th September 2021. The mode of transport is sea transport, packed in containers delivered to and Hapag Lloyd Shipping Line is to be used. The line was nominated by the buyer as the sale term was on FOB Tema Port basis. The goods were to be sent to the shipping line by the sellers on or before 30th August 2021 as it takes about two weeks for goods shipped to get to the UK to enable the buyer meet the deadline given by his suppliers. Payment terms: A letter of credit would be issued by buyers and their bank authorised to pay based on satisfactory submission of a Bill of Lading, Shipping Invoice, Packing list, certificate of Origin and guaranteed quality certificate from SGS Ghana. Cost price FOB basis was $50,000 and this is to be issued to the sellers after goods have been delivered on board the nominated vessel and all relevant certificates verified by the bank. Law and Jurisdiction: English law to be applied and the case to be submitted to arbitration in London. The Ghanaian company signed the contract and started production of the goods. Upon certain enquiries, they realised the same goods can be produced in China at a cheaper price and at a faster rate. They ordered the goods from China and the goods were delivered in Ghana and repackaged by the seller. The sellers sent a box to SGS for authentication and certification. Upon testing, they realised it was not of the same quality as the sample and therefore refused to issue the Guaranteed Quality Certificate. The sellers sent the goods to the nominated shipping line on 29th August 2021. The goods were put on board the vessel and a bill of lading was issued to that effect. The bill of lading, together with the certificate of origin bearing Ghana, Invoice as well as packing list were sent to the bank for payment but payment was refused by the buyer's bank on the ground that not all relevant documents have been submitted. Discuss the following in relation to the passage with answers backed by appropriate case laws from the authorised course textbook: a) Has risk passed from the seller to the buyer according to the chosen incoterm? Was there delivery? b) Discuss whether it is appropriate for the buyer's bank to refuse payment to the seller. c) Are there problems to be resolved which cannot be solved by the chosen incoterm?