UNCITRAL CLOUT Case 445
Germany Federal Court of Justice
VIII ZR 60/01 (2001)

- Written by Rich Walter, JD
Facts
A Spanish buyer (plaintiff) ordered machinery from a German seller (defendant). Although the seller’s order confirmation referred to standard conditions of sale, the seller did not enclose those conditions with the confirmation. The buyer subsequently received the machinery, found it to be defective, and sued the seller for damages. In its defense, the seller pointed out that its standard sale conditions included a clause exempting the seller from liability for defective goods. The parties appealed the German trial court’s judgment to Germany’s supreme court, which applied the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the case.
Rule of Law
Issue
Holding and Reasoning ()
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