Question

国际贸易理论与实务（张素芳）的案例分析题，急求答案，

•CompanyA and company B entered into a sales contract, according to which, company A sold 500 metric tons of red beans to company B. The contract stipulated: “CIF Copenhagen; the seller must submit the bill of lading, commercial invoice, insurance policy and commodity inspection certificate; the buyer pays against the documents.” After the seller’s submission of the four above-mentioned documents to the buyer, the buyer found that the bill of lading had rub marks, so the buyer objected to accept the documents and suspended the payments. After identification, the wiping part turned out to be the change of cabin space number, and was before signing.
•Can the buyer insist on refusal of the documents and refuse to pay? Why?

Answer 1

The buyer cant't refuse to pay. Because according to the contract : “CIF Copenhagen; the seller must submit the bill of lading, commercial invoice, insurance policy and commodity inspection certificate; the buyer pays against the documents.” And the wiping part turned out to be the change of cabin space number, and was before signing.