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Amar entered into a sales contract with the defendant, Karinol, for the purchase of electronicwatches. The contract was silent as to shipping terms. However, the contract did have a notation in it stating that the goods were to be delivered to a location in Mexico. Moreover, seller Karinol put the goods into the possession of a common carrier with the instructions to deliver the goods to the plaintiff-buyer in Mexico. When the goods arrived and were opened for customs, the watches were missing. Between the buyer and the seller, who has the risk of loss? In light of these facts, is this a destination or a shipment contract? [ Pestana v. Karinol, 367 So. 2d 1096 (1979).]
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