8. 9. If some part of a shipment of goods does not conform to the contract, the b. c. d. seller generally must be given an opportunity to cure the defect. buyer can immediately reject the entire shipment and automatically cancel. buyer cannot accept the part that is conforming. buyer must accept the shipment at a reduced price. Rodrigo ordered twenty computers from the Tijuana Computer Co. Rodrigo is located in Delbarton, West Virginia and Tijuana is located in Man, West Virginia. The terms are FOB Man. The computers were damaged in transit from Man to Delbarton. Who bears the loss Of caused by the damaged computers? b. c. d. Rodrigo Tijuana Computer Co. 50 percent by Rodrigo and 50 percent by Tijuana Computer co. None of the above 10. San Miguel, Inc. is a retailer of watches who sells pieces crafted by Patek Phillipe, Inc. San Miguel ordered 3 specific and rare watches from Patek Phillipe. Because the 3 watches were out of stock, Patek Phillipe, without notifying San Miguel, shipped 3 watches that were close to the ones San Miguel ordered, but not the specific models the retailer had requested. San Miguel received the shipment, called Patek Phillipe and requested that the proper watches be shipped. Patek Phillipe said it could not because its stock of those specific models had been depleted. San Miguel then went to another retailer, purchased the watches he had requested from Patek Phillipe, and then sued Patek Phillipe for the extra costs San Miguel incurred in selling the 3 watches. In this case, San Miguel used the remedy Of b. d. specific performance. cover. replevin. conformity. 11. According to the Magnuson-Moss Warranty Act, which of the following statements is true? b. d. The law requires manufacturers and sellers to give written warranties. The law replaced UCC warranty law. If a written warranty is given by a manufacturer, the implied warranties of merchantability and fitness for a purpose cannot be eliminated. Does not differentiate between a full warranty and a limited warranty.