Rejection Under the CISG

Q4

On 1 December, Seller sent Buyer an offer to sell 5,000 widgets to Buyer for $25 apiece. The offer stated: "The offer will remain open until 31 December." On 10 December, Buyer answered: "The price is too high; I don't accept your offer." Then, on 15 December, Buyer changed his mind and sent a fax stating: "I accept your 1 December offer after all." Seller replied: "Your acceptance is too late, since you already rejected the offer." In turn Buyer answered: "The acceptance is good, you promised to keep your offer open until 31 December." Is there a contract under the CISG?

Q5

Buyer received a letter in her mail on 1 January offering to sell Buyer 5,000 widgets for $20 apiece. Seller's letter closed with the following statement: "I know that this offer is so attractive that I will assume that you accept it unless I hear otherwise by 31 January." Buyer did not reply. Seller shipped the widgets on 1 February. What are Buyer's responsibilities under the CISG on the basis that it applies?

<What are the Requirements of a Nachfrist Notice?>

Q6

Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated computer to Buyer by 1 January. Seller was late in delivering the machine, so Buyer faxed Seller on 1 January: "Anxious to take delivery of the computer. Hope that it arrives by 1 February." Seller delivers the computer on 5 February, but Buyer refused to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the 1 February date specified in the 1 January fax. Both Buyer and Seller agree that there has not been a fundamental breach. Is Buyer able to avoid the contract under these circumstances?

Q7

Buyer in Germany purchased jeans trousers from Seller in Brazil. After being transported by air and delivered to Buyer, it was discovered that paper labels attached to each pair of trousers showing size did not match the textile labels sewn into the trousers and all of the trousers were one or two sizes too big or too small. It was found that 80-90% of the boxed contents of trousers were labeled in such a way that the size information did not match either the paper labels, the textile labels or the actual sizes, and some trousers were mouldy and stained. Is Buyer able to avoid the contract?