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Swiss Software-Hardware Case

Case no. HG 980472 (2000)

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Swiss Software-Hardware Case

Zurich Canton Commercial Court
Case no. HG 980472 (2000)

RW

Facts

An Austrian-based seller (defendant) entered into a hardware and software contract with a Swiss-based buyer (plaintiff). The parties did not identify which law governed the contract. The contract gave rise to a dispute, which the buyer referred to Switzerland’s commercial court in Zurich. The threshold question was whether the dispute was a “sale” within the meaning of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The court analyzed what the seller’s contract performance entailed. The court found that about 45 percent of the seller’s work involved procuring and installing a database and standard software, 35 percent of the work involved adapting the software to the buyer’s specific needs, and 20 percent of the work involved software training for the buyer’s employees.

Rule of Law

Issue

Holding and Reasoning ()

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