Beta Bolts Exercise Your company, Beta Bolts, is located in the U.S. and sells its bolts worldwide. Beta has a contract for 250,000 #9 bolts to be shipped to a company in Malta. The price stated in the offer and acceptance is $1 per bolt, D.A.T Malta. During the production of the bolts, the price of tungsten, one of the components in the bolts increases 400 percent due to a shortage. In addition, these bolts are due for shipment on Sept. 15 and arrival in Malta no later than Oct. 1. On Sept. 30, a stevedores' strike begins in Malta, which lasts for 30 days.

1. Are either or both of these factorsthe material price increase and the stevedores' strikean excuse for Beta Bolt's nonperformance under the CISG? If so, which article(s) might apply? Explain.

2. Would your answer change if the buyer was located in Portugal instead of Malta?

3. What legal theory would Beta Bolt use under U.S. common law as an excuse for its non-performance?

4. If Beta Bolt was excused under the relevant law, what would they be specifically excused from?