Unformatted text preview: eated oral and written demands.
● Under its second cause of action, Safic alleged that on eight occasions between April 24, 1986
and October 31, 1986, it placed purchase orders with IVO for a total of 4,750 tons of crude coconut
● When IVO failed to honor its obligation under the wash out settlement narrated above, Safic
demanded that IVO make marginal deposits within fortyeight hours on the eight purchase contracts
in amounts equivalent to the difference between the contract price and the market price of the
coconut oil, to compensate it for the damages it suffered when it was forced to acquire coconut oil
at a higher price.
○ IVO failed to make the prescribed marginal deposits on the eight contracts, in the
aggregate amount of US$391,593.62, despite written demand therefor.
● The demand for marginal deposits was based on the customs of the trade, as governed by the
provisions of the standard N.I.O.P. Contract arid the FOSFA Contract, to wit:
§ N.I.O.P. Contract, Rule 54 – If the financial condition of either party to a contract
subject to these rules becomes so impaired as to create a reasonable doubt as to the 55 ● ● ● ● ability of such party to perform its obligations under the contract, the other party may from
time to time demand marginal deposits to be made within fortyeight (48) hours after receipt
of such demand, such deposits not to exceed the difference between the contract price and
the market price of the goods covered by the contract on the day upon which such demand
is made, such deposit to bear interest at the prime rate plus one percent (1%) per annum.
Failure to make such deposit within the time specified shall constitute a breach of contract
by the party upon whom demand for deposit is made, and all losses and expenses
resulting from such breach shall be for the account of the party upon whom such demand is
made. (Underscoring ours.)
§ FOSFA Contract, Rule 54 – BANKRUPTCY/INSOLVENCY: If before the
fulfillment of this contract either party shall suspend payment, commit an act of bankruptcy,
notify any of his creditors that he is unable to meet his debts or that he has suspended
payment or that he is...
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- Fall '14
- gutierrez hermanos, B.A. Finance Corporation