Decker R
Hosp Mater Manage. 1990 Nov;15(11):25-6.
A contract for the purchase of hospital equipment provided for shipment free-on-board destination. The equipment arrived via common carrier and was signed for at the unloading dock. When uncrated, concealed damage was discovered and the supplier was notified. The supplier offered to repair the equipment at its expense. The hospital would rather have a replacement unit. The hospital notified the supplier that the equipment was being returned at the supplier's expense. The supplier contended that this couldn't be done as title passed to the hospital upon shipment and that it had been accepted by the hospital when signed for at the unloading dock. In this dialogue, Dr. Decker discusses the legal issues raised in this query from a reader.
一份购买医院设备的合同规定，设备将在目的地港船上交货。该设备通过公共承运人运送，并在卸货码头签收。在开箱时，发现了隐藏的损坏，并通知了供应商。供应商提出自费修理设备。医院更希望得到一台替换设备。医院通知供应商，将由供应商承担费用把设备退回。供应商辩称，这是不可能的，因为货物在装运时所有权已转移给医院，并且在卸货码头签收时医院已接受该设备。在这段对话中，德克尔博士讨论了一位读者提出的这个问题中涉及的法律问题。
