case analysis
4. Seller and Buyer entered into a contract under CISG for seller to deliver computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on January 2: Anxious to take delivery of the computer. Hope that it arrives by February 1. Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before February 1 specified in the telegram. Both parties agree that there has not been a fundamental breach. Is Buyer able to avoid the contact