On 1 st October 2021, Sammy Co Ltd placed the following advertisement (with photograph) on Children's' Toys
Question:
On 1st October 2021, Sammy Co Ltd placed the following advertisement (with photograph) on Children's' Toys World.
"For Sale USD 50 for talking dolls (minimum 100 boxes), USD 30 for characters Toys and USD 15 for animals' toys"
Sammy Co Ltd's (shipper) Marketing Senior Executive, Mr Andy includes an email address, mobile telephone number and email address at the Children's Toys World website.
On 5th October, Gooffer Sdn Bhd which has business registered in Malaysia, emailed Sammy Co Ltd to ordered 200 boxes of talking dolls, 300 units of characters' toys and 200 units of animal toys. The delivery date should be on 30th October 2021. Mr Andy read Gooffer Sdn Bhd emailed on 6th October 2021 and he respond to Gooffer Sdn Bhd emailed agreed to deliver on 30th October 2021 with irrevocable letter of credit.
Gooffer Sdn Bhd (buyer) assigned Wahub Co Ltd (carrier) to collect, prepare necessary document and deliver the goods from Port of Wilmington, United States to Port of Klang, Malaysia. On 30th October 2021, Wahub Co Ltd tender bill of lading dated 31st October 2021 to Gooffer Sdn Bhd.
Four days later, Wahub Co Ltd emailed to Gooffer Sdn Bhd informed that the ship need to return back to Port of Wilmington immediately as per ordered by Sammy Co Ltd. Maznah immediately called Mr Andy and asked his clarification. She was told that the the toys got problem which is not follow certain qualification which is allowed by the Toys Quality Control and does not certified by ASTM F963-17.
Gooffer Sdn Bhd's directors feel frustrated and the company shall face losses because of promised that make by the company with numbers of Toys Store in Kuala Lumpur. The management believe surely the Toys Store in Kuala Lumpur shall file a summon against them and asked compensation.
Gooffer Sdn Bhd wants to solve the problem immediately and asked Maznah to go to North Carolina and discuss the matter with Sammy Co Ltd. On 7th November 2021, Maznah boarded American Airlines. While she disembarked from the airlines, she slippery and fell down at the gate of the airlines. She got badly injured at her knees and the flight attendant saw what was happened but he pretends not to see the incident. With difficulty, Maznah try to stand up and she is luckily being help by one passenger. Then she was help by the airport attendant and help her to get medical assistance at the airport clinic.
While in Kuala Lumpur, Toys Store file a claim at Asian International Arbitration Centre.
Mr Andy knowing the present of Maznah to North Carolina, refused to meet her.
Advise all the parties involved.