Citgo Petroleum Corp. v. Odfjell Seachem

YPF (defendant) agreed to sell cyclohexane to Tricon, shipping it CFR (Cost and Freight, meaning the seller arranges and pays for transport to the vessel, with risk of loss shifting to the buyer once loaded) aboard the BOW FIGHTER. Tricon in turn agreed to deliver the cyclohexane to Citgo (plaintiff). The vessel arrived nearly two months late due to delays and engine problems, during which cyclohexane prices dropped sharply, costing Tricon $450,000. Citgo sued, including on Tricon's behalf, alleging YPF breached its Article 32 duty under the CISG to arrange appropriate transportation; YPF moved for summary judgment, arguing the CFR term made the buyer responsible for any transport issues once the goods were loaded.