In: Operations Management
Here is the fact pattern I want you to base your answer on:
You want the latest in mini laptop
computers.
You find what you need by searching on the
Internet.
The seller is in Taiwan.
You negotiate a deal with the seller over the Internet
and buy the computer.
The seller agrees to ship you the computer by
boat.
Answer this Question: (minimum 200 words; any format)
What terms (words) would you insist be included in the Sales Contract so you would not bear the Risk of Loss?
Explain in detail why you use specific words and terms (i.e. compare and contrast).
Use the following to guide you:
My Lecture (Business Law)
“Risk of Loss”
“Risk of Loss in International Sales”
I would insist on the seller of mini laptop computers from Taiwan to include the following terms in the sales contract.
1.Risk of Loss
Risk of loss is a legal term that decides which party to a contract bears the risk of damage to products in transit, that is after entering the contract but before the delivery of the items. It covers the risk of occurring any damage to a commodity during its transportation. Normally the seller of a product bears the risk of loss. In this particular case, I must insist on the mini laptop computer seller in Taiwan to include the same in the sales contract so that I will have clarity regarding the risk of the potential damage that can occur during its shipping in a boat.
2.Price and payment
A sales contract must contain all the details of price and payments such as the price of the product, advance payment if any, outstanding if any, shipping charges if any, etc. In this particular case, I must insist on the mini laptop computer seller in Taiwan to include the details of the amount already paid for the initiation of the purchase, outstanding amount if any, clarity regarding shipping charges if any, etc.
3.Delivery
A sales contract must contain all the details of the delivery of the product such as when and where the item will be delivered. In this particular case, there must be clarity regarding when the mini laptop computer reaches me and also there must be a provision in the sales contract regarding the location from where I will receive the computer.