Question
in February 2015 Castle Pty Ltd entered a contract to sell to Mariko Co 20,000 100 percent Chromium carburettors CIF Yokohama for $210,000 net cash
in February 2015 Castle Pty Ltd entered a contract to sell to Mariko Co "20,000 100 percent
Chromium carburettors CIF Yokohama for $210,000 net cash terms for June delivery." Castle
based its calculation of the sale price on a telephone quotation for insurance from Coverall
Insurance for $10,000. When Castle obtained the insurance policy in May 2015, the premium
had risen to $15,000 in line with general increases in the industry. Castle shipped the goods
from Sydney on SMS Olympic which sank one day after leaving Sydney. A week later Castle
presented proper shipping documents to Mariko together with an invoice for $215,000
including the additional insurance premium paid to Coverall. Mariko refused to accept the
documents or pay any of the contract price.
Required
: Advise Castle.
What difference would it make to your advice to Castle if the contract had provided:
(a) "20,000 100 Chromium carburettors FOB Olympic departing Sydney in June 2015 for
$200,000" and Castle had agreed to arrange insurance cover for the voyage; or
(b) "20,000 100 percent Chromium carburettors delivery per Olympic afloat DES
Yokohama for $210,000 net cash on arrival of Olympic with goods at Yokohama."
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