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有一份FOB合同,外国进口商向香港某工厂订购100台游戏机,合同总值为50000美元。如果该订单能够履行,该工厂将支出45000美元费用,其中生产费用40000美元(包括材料、零件、能源、工资等),管理费用5000美元。但订立合同不久,外国进口商无故取消合同。当时工厂尚未将这批订货投入生产。在上述情况下,该工厂有何种权利? 一个合法、有效的合同,在当事人之间具有法律的约束力。任何一方当事人违反合同,另一方当事人有权提出索赔或要求其他权利。因此,该工厂有权要求损害赔偿。但由于该批货物尚未投产,40000美元的生产费用尚未支出,因此
There was an FOB contract in which foreign importers ordered 100 gaming machines from a factory in Hong Kong. The total contract value was $50,000. If the order can be fulfilled, the factory will spend 45,000 US dollars, of which the production costs 40,000 US dollars (including materials, parts, energy, wages, etc.), management costs 5000 US dollars. However, soon after the contract was concluded, the foreign importer canceled the contract without any reason. At that time, the factory did not put the orders into production. In the above circumstances, what kind of rights does the factory have? A legal and effective contract is legally binding between the parties. When either party breaches the contract, the other party has the right to file a claim or request other rights. Therefore, the factory has the right to claim damages. However, since the batch of goods has not yet been put into production, the production cost of US$40,000 has not yet been paid out.