Contract of International Sale of Goods Special provisions – contract performance... Applicable Law/ Gorvening Law The validity and performance of this purchase shall be goverened by
Trang 1Contract of International
Sale of Goods
Special provisions – contract performance
Trang 2 Applicable Law/ Gorvening Law
The validity and performance of this purchase shall
be goverened by the laws of the state shown on
the Buyer’s address on the order
The contract between the parties is made,
governed by and shall be construed with the laws
of Canada applicable there, which shall be deemed
to be the proper hereof…’
Trang 3Transactions covered in CISG
A sale involving a buyer and seller with places of business in different countries
Trang 4Terms of the Contract
Upon parties’ agreement
Rules: clear and sound terms can avoid disputes later
Watch out with implied terms by statues
Correspondence with description
Correspondence with sample Merchantable quality
Fitness for purpose Title, quite possession
Trang 5Kim purchases $200 of fruit and vegetable from an on-line supplier called “Food On
The Go” The products are described on
the web page with photos and prices per kilogram When the fruit and vegetables are delivered, Kim notices that half the
fruit she ordered is unfit to eat and the
patatoes are not the variety she ordered
Trang 6Guz purchased a pair of jeans that were
on sale (20% off) at Northshore jeanery
Pty.Ltd The first time Guz wore the jeans the zip broke and the stitching around the waistband became loose Guz returns the jeans and requests a refund, but the sales assistant points to a sign displayed above the cash register “no refunds or exchange
on Sale items” What should Guz do?
Trang 7David goes to an electrical shop, which
specializes in selling TVs, DVD players and other sound systems and asks for “all
region” DVD player When he inserts a new DVD imported from the US, he discovers
that it will not play because the DVD player does not cater for that region Which
implied terms have been breached