Question
sterling industries plc, an english company, agreed to sell to true blue pty ltd, an australian company, two airfield fire trucks each valued at $au
sterling industries plc, an english company, agreed to sell to true blue pty ltd, an australian company, two airfield fire trucks each valued at $au 150,000 each, fob london (incoterms 2020). however, when the trucks were being loaded onto the cargo ship something went wrong. the trucks were loaded onto a barge in the port of london for transport to the cargo ship, but as the barge came alongside the cargo ship, a mighty wave tossed it, throwing the fire trucks into the water. sterling argues that it has performed its obligations and should be paid. advise true blue would your advice be different if the ship had been berthed alongside the wharf and just as the truck was driven onto the ship, the ship suddenly lurched away from the wharf on an angle tipping the truck from the ship into the water? would your answer be different if the contract of sale was on terms fca london (incoterms 2020) or fas london (incoterms 2020)?
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