Plaintiff buyer purchased an ocean-going ship from Defendants seller, which provided (1) for the terms of price and payment; (2) that the delivery time was within 3 months of the date of contract with 1 month extension and the buyer would pay the balance only after the seller cleared the Customs formalities and paid the Customs taxes; and (3) if the seller failed to deliver the ship on time, the buyer had the right to terminate the contract and claim for liquidated damages. However, the ship was not delivered until 18 months after the date of contract.

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JIANG Yunzheng v. DING Jianming et al.

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff buyer purchased an ocean-going ship from Defendants seller, which provided (1) for the terms of price and payment; (2) that the delivery time was within 3 months of the date of contract with 1 month extension and the buyer would pay the balance only after the seller cleared the Customs formalities and paid the Customs taxes; and (3) if the seller failed to deliver the ship on time, the buyer had the right to terminate the contract and claim for liquidated damages. However, the ship was not delivered until 18 months after the date of contract.