文档介绍：One Chinese company exported a contract of Grade B Peanuts to a foreign country importer When the seller was working on the delivery of the goods, he found that the Grade B Peanuts were out of stock Without prior consent of the buyer, the seller delivered the Grade A Peanuts instead of Grade B Peanuts and stated on the invoice “Grade A Peanuts, price is the same”, while the buyer refused the consignment
Question:
In this situation, does the buyer hold the repudiation rights? Why?
Answer：
The buyer has the right to refuse to pay This is because both sides confirmed the Grade B Peanuts when signing the contract, which holds a legal effect If the seller gets the buyer’s consent, he can change the peanuts grade So the buyer has the power to refuse to pay
Case 2
One Chinese company exported a contract of agricultural products to a German company The contract stipulates that moisture not exceeds 15%, impurity not more than 3% Before the deal closing, the seller sent the buyer the samples and after the contracting the seller immediately faxed the buyer that the consignment was similar to the sample After the shipment arrived at Germany the buyer had the goods inspected Later, the buyer showed the inspection certificate, saying that the quality of the goods was inferior to the samples’, and then he put forward a claim for compensation of ￡6 000, finally the Chinese company