MAHO is a German manufacturer with offices in the United States. It makes industrial milling and boring machines. MAHO contracted to sell Windward a MAHO 700s machine that Windward required for a new operation in Singapore. The sale of the machinery would go through a distributor, Jeffreys Engineering and Equipment Co. (“Jeffreys”), Windward agreed to pay Jeffreys $263,573. Because the machine was scheduled for exhibition at a trade show in Los Angeles, the agreement among MAHO, Jeffreys, and Windward called for the machine to be purchased by Windward after exhibition at the trade show. MAHO undertook, at its expense, to provide basic “seaworthy preparation and crating” for the machine. MAHO engaged Orange County Crating (“Orange”) to crate the machine. The machine was to be transferred “FOB Los Angeles.” Travelers insured Windward against the risk of damage to the machine under a cargo policy. When the machine arrived in Singapore on June 13, 1988, it was found to be damaged by rust. The usual airtight plastic bag was cut open, no moisture absorbing bags were inside the crate, water drained out while the crate was being opened, and the blank parts of the machine had not been greased or oiled. Windward demanded that the machine had to be returned to Germany to be rebuilt because the work could not be done in Singapore. Travelers refused to cover the loss. What remedies are available here?

"Looking for a Similar Assignment? Get Expert Help at an Amazing Discount!"
Looking for a Similar Assignment? Our Experts can help. Use the coupon code SAVE30 to get your first order at 30% off!