Question

Company A ( China company) sent an offer of 100MTgoods to company B (US company): USD2400...

Company A ( China company) sent an offer of 100MTgoods to company B (US company): USD2400 per MT CIF San Francisco, payable by letter of credit, shipment 2 months after the arrival of a letter of credit, valid for 3 days.

The next day company B replied: accept your offer, shipment immediately.

A company did not respond. 2 days later Company B opened a letter of credit through a bank in San Francisco with the content "shipment immediately ". At that time the price of the product rose by 20%, A company rejected to deliver the goods, rejected the letter of credit, and declared the contract has not arrived. There was a dispute between A and B who is right? Why?

Homework Answers

Answer #1

I agree to Company A, because they clearly said that when offer is accepted, at least two months required for delivery. But at the time of credit company B argues to get faster delivery, this is the thing not mentioned in the offer, that's why company A rejected credit given by B, also company B lacked to send reply to A, here validity is given for 3 days. But B approaches A after 2 days , this time price rosen by 20℅."when an offer is provided within valid time and valid delivery system , the party who wants to approach it need to obey the valid reasons given by the seller", when this get neglected offer become invalid.

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