When the widgets are delivered to Ammoys warehouse the container of widgets is placed in a corer and left for a week. It is then discovered that due to the damaged container half the widgets had become unusable; and the widgets are of a lower specification than expected but are still usable, although they will need more maintenance.

Facts: Powells of France contracted with Ammoy Inc to sell 1000 High Specification Widgets, c.i.f. Incoterm 2020 New York. When the widgets arrive in New York the container is damaged while being unloaded from the ship. Then the carrier Ammoy contracts to deliver them from the port takes a week to collect them due to a lorry being repaired.

When the widgets are delivered to Ammoys warehouse the container of widgets is placed in a corer and left for a week. It is then discovered that due to the damaged container half the widgets had become unusable; and the widgets are of a lower specification than expected but are still usable, although they will need more maintenance.

Ammoy then seeks to return the damaged widgets and claim damages for the lower specification ones.

Advice Powells of their rights and obligations under the CISG

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