RESPONDENT offered delivery of the remaining 1,200 tons of wheat as soon as it obtained an additional export-quota; RESPONDENT anticipated that this will be the cause, at the latest in October and request issued a letter of credit opens until the end of November;; but this delay was only one big limitation per Art 25 CISG if it substantially expose CLAIMANT what it was entitled to expect under the contract.
RESPONDENT offered delivery of the remaining 1,200 tons of wheat as soon as it obtained an additional export-quota. RESPONDENT anticipated that this would be the case, at the latest in October and therefore requested a letter of credit which should remain open until the end of November. This delay could only amount to a fundamental breach per Art. 25 CISG if it had substantially deprived CLAIMANT of what it was entitled to expect under the contract.