Question
You have given power to ABC company in a foreign country to represent you in the signing of a contract for the purchase of 1,000
You have given power to ABC company in a foreign country to represent you in the signing of a contract for the purchase of 1,000 meters of specialized fabric. Through the duly designated representative of ABC company, a contract has been duly signed on your behalf with a foreign manufacturer of fabric whereby this manufacturer is to sell and to forward 1,000 meters of the specialized fabric to you. ABC company also has both the power to obtain insurance for the safe delivery of the specialized fabric right to your company's warehouse door and the power to arrange for the transportation of the fabric. You were able to have inserted in the contract of sale that the substantive and procedural laws of the Province of Qubec would govern the aforementioned contract of sale. As a consequence, the Vienna Sales Convention does not apply to this contract. Once the fabric had arrived at your company's warehouse, you discovered that only 800 meters of the fabric had been forwarded. Furthermore, after commencing to use the specialized fabric, you have discovered that the fabric shreds once cut and sown into garments. In brief, the garments manufactured by your using this specialized fabric shred. This phenomenon could not have been discovered at the time of the sale. Furthermore, this phenomenon renders the fabric unfit for the use for which the fabric was intended
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