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Question
Cey Corp. entered into a contract to sell parts to Deck, Ltd. The contract provided that the goods would be shipped "FOB Cey's warehouse." Cey shipped parts different from those specified in the contract. Deck rejected the parts. A few hours after Deck informed Cey that the parts were rejected, they were destroyed by fire in Deck's warehouse. Cey believed that the parts were conforming to the contract. Which of the following statements is correct?
A. Regardless of whether the parts were conforming, Deck will bear the loss because the contract was a shipment contract.
B. If the parts were nonconforming, Deck had the right to reject them, but the risk of loss remains with Deck until Cey takes possession of the parts.
C. If the parts were conforming, risk of loss does not pass to Deck until a reasonable period of time after they are delivered to Deck.
D. If the parts were nonconforming, Cey will bear the risk of loss, even though the contract was a shipment contract.
Answer
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