McCarron & Diess Obtains Reparations Order of $60,000.00

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The case involved a sale of onions under an FOB Acceptance Final term for shipment to Japan.  The seller clearly advised the buyer there were problems with the onions, and, therefore, required the FOB Acceptance Final term. The buyer decided to accept the onions anyway, and then refused to pay, claiming the onions were bad when they arrived in Japan.  However, USDA ruled in favor of the seller based on the FOB Acceptance Final term.  Under that term, the buyer: accepts at shipping point; cannot reject the produce; and the suitable shipping condition warranty does not apply.

Buyers and sellers must be clear as to exactly what the terms are, and how they are applied.  See

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