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267412543-Law-CISG-Exam-Q-A.docx - Exercise Class #1, 2013,...

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Exercise Class #1, 2013, Suggested AnswersAThe seller, company A is a tyre manufacturer based in Canada. The buyer, Company B, is a tyre distributorfrom Denmark. In July 2006 they signed an agreement for the delivery of 3000 winter tyres for heavy trucks.The contract was concluded by email. Having received the buyer’s acceptance, the seller made a referencein its final email to its standard contract terms but the buyer never acknowledged this. The standardcontract terms stipulate that tyres of “average quality” would be delivered unless otherwise agreed. Thetyres were to be delivered CIF Copenhagen in December 2006 but were not delivered until January 2007.Upon delivery, the goods were transferred to the buyer’s warehouse where they were not inspected untilFebruary 2007 when it was discovered a) that 300 are missing and b) that that the rest are not properwinter tyres and are therefore not fit for harsh Scandinavian weather.Answer the following questions and give reasons for your answers:1.Does Vienna Convention (CISG) apply?
2.Were seller’s standard contract terms incorporated in the contract?

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