Common Contracts
1 similar null contracts
Case 176: CISG 8(1); 9(1); 41; 54July 18th, 2018
The plaintiff, a German buyer, and the defendant, an Austrian seller, entered into an agreement for the FOB delivery of a certain quantity of propane gas. The parties exchanged communications by facsimile and telephone on the terms of their agreement, including the method of payment (letter of credit). The buyer, however, did not obtain a letter of credit since an essential element was missing, i.e. the seller failed to name the port of origin. In addition, the seller made the delivery of the gas subject to the condition that it was not to be resold in the Benelux countries.
