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Ahmad from Kuala Lumpur, agreed to buy the following goods under separate contracts: (a) from Elaine, 1,000 tons of corn CIF Port Klang. (b) from
Ahmad from Kuala Lumpur, agreed to buy the following goods under separate contracts: (a) from Elaine, 1,000 tons of corn CIF Port Klang. (b) from Thomas, 1,000 tons of strawberries FOB London. Each contract stipulated for payment by irrevocable letter of credit at Bank Bunga Berhad (Bank Bunga') in Kuala Lumpur on presentation of the shipping documents and called for shipment in February/March. Elaine had the corn ready to load by 10 March but discovered that no credit has been opened and hence refused to load. The credit in fact was opened on 28 March and although Elaine began to load the corn, loading was not completed until 1 April. Bank Bunga refused to pay against the shipping documents, which included the bill of lading showing a shipment on 1 April. Bank Bunga informed Thomas that the credit was opened on 30 January. Ahmad contacted Thomas to say that he wanted his local representative to inspect the strawberries before shipment, but Thomas refused to allow the representative to do so. The bank paid on presentation of the shipping documents. On arrival of the vessel, all the strawberries were found damaged due to severe storms during the voyage. The shipment date was actually 10 February but Ahmad knew nothing of this. Advise the parties. Ahmad from Kuala Lumpur, agreed to buy the following goods under separate contracts: (a) from Elaine, 1,000 tons of corn CIF Port Klang. (b) from Thomas, 1,000 tons of strawberries FOB London. Each contract stipulated for payment by irrevocable letter of credit at Bank Bunga Berhad (Bank Bunga') in Kuala Lumpur on presentation of the shipping documents and called for shipment in February/March. Elaine had the corn ready to load by 10 March but discovered that no credit has been opened and hence refused to load. The credit in fact was opened on 28 March and although Elaine began to load the corn, loading was not completed until 1 April. Bank Bunga refused to pay against the shipping documents, which included the bill of lading showing a shipment on 1 April. Bank Bunga informed Thomas that the credit was opened on 30 January. Ahmad contacted Thomas to say that he wanted his local representative to inspect the strawberries before shipment, but Thomas refused to allow the representative to do so. The bank paid on presentation of the shipping documents. On arrival of the vessel, all the strawberries were found damaged due to severe storms during the voyage. The shipment date was actually 10 February but Ahmad knew nothing of this. Advise the parties
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