Belgian Company v. First Dutch Company
’s-Hertogenbosch Court of Appeals
Case no. C0501069, UNCITRAL CLOUT Case 827 (2007)

- Written by Rich Walter, JD
Facts
A Belgian company (seller) (plaintiff) sold and delivered a machine to a first Dutch company (buyer) (defendant). The seller’s invoice stated that until the buyer rendered payment in full, the machine remained the seller’s property. Although a similar stipulation appeared in every invoice the seller had presented to the buyer over the course of their long relationship, the stipulation did not appear in the parties’ contract. After making only partial payment, the buyer concluded a leaseback-sales contract with a second Dutch company. The seller sued for damages. A Dutch trial court entered partial judgment for the seller. Both parties appealed to the appeals court based in the Dutch city of ’s-Hertogenbosch.
Rule of Law
Issue
Holding and Reasoning (Conti, J.)
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