LAW204 Unit 7 Ass
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Post University *
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Course
204
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by MinisterScienceMandrill29
Memorandum
To:
Shane
From
: Student
CC
: Other recipients
Subject
: Importing Tonners from INX International Ink Co.
INX International Ink Co. runs highly competitive deals on tonners we frequently use for
our Mimaki roll-to-roll large format printer, the two Xerox Digital Presses, and our Vanguard
flatbed. Utilizing INX International Ink Co. to fulfill our tonner needs will allow us to prioritize
cost management while offering more delivery times and location flexibility, which is especially
important since we have acquired new locations in Winter Haven, FL, and Naples, FL this year
and need supplies delivered throughout the organization's various locations quickly. Since
contracting with INX International Ink Co. will require importing goods from another country, a
contract that specifies "who bears ROL in the agreement under [UCC 2–509(4)" must be used to
clearly define the expectations and responsibilities of our organization as buyers and INX
International Ink Co. as the supplier. The agreement must also specify the destinations where
goods will be delivered and bear a "No Arrival, No Sale" clause because ROL passes to our
organization as the buyer if no special rules are listed. Finally, the proposed agreement must
clearly state the "Effect of Breach on ROL:
1.)
If goods are non-conforming, ROL stays with INX International Ink Co. until INX
International Ink Co. cures the defect, or we accept.
LAW204 – Business Law I
2.) If we, as the buyer, revoke acceptance before ROL passes, ROL stays with the seller
or our insurance. If acceptance occurs after ROL passes, we as buyers are liable for
reasonable damages."
In this way, ROL is limited, and responsibility for paying and managing the shipment,
insurance, documentation, customs clearance, and other logistical activities is clearly defined.
We should also consider including Carriage and Insurance Paid To terms to minimize our risk of
loss as buyers, which means that INX International Ink Co. must arrange and pay for the
transportation of the toners to our designated locations and obtain cargo insurance against loss or
damage to all shipments during transportation. I am not a lawyer, so I strongly urge that we
consult a lawyer or trade specialist to protect our interests.
References
Uniform Commercial Code (UCC) § 2–509
Prenkert, J. D. (2021). Business Law (18th ed.). McGraw-Hill Higher Education (US).
https://ambassadored.vitalsource.com/books/9781264296606
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