![]() ![]() The district court held, and the parties agree, that the instant matter is governed by the CISG, reprinted at 15 U.S.C.A. Rotorex refused, claiming that the performance specifications were "inadvertently communicated" to Delchi. After several unsuccessful attempts to cure the defects in the compressors, Delchi asked Rotorex to supply new compressors conforming to the original sample and specifications. On May 13, after a Rotorex representative visited the Delchi factory in Italy, Delchi informed Rotorex that 93 percent of the compressors were rejected in quality control checks because they had lower cooling capacity and consumed more power than the sample model and specifications. ![]() While the second shipment was en route, Delchi discovered that the first lot of compressors did not conform to the sample model and accompanying specifications. Delchi also remitted payment for this shipment by letter of credit. Rotorex sent a second shipment of compressors on or about May 9. Delchi paid for this shipment, which arrived at its Italian factory on April 20, by letter of credit. Rotorex sent the first shipment by sea on March 26.
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