Q: Answer the following questions and give reasons for your answers: The seller, company A is a tyre manufacturer based in
Canada. The buyer, Company B, is a tyre distributor from Denmark. In July 2006 they signed an agreement for the
delivery of 3000 winter tyres for heavy trucks. The contract has concluded by email.
Having received the buyer’s acceptance, the seller made a reference in its final email
to its standard contract terms, but the buyer never acknowledged this. The standard
contract terms stipulate that tyre of “average quality” would be delivered unless
otherwise agreed. The tyres 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 until February 2007 when it
has discovered:
a) that 300 are missing; and
b) that the rest are not proper winter tyres and are therefore not fit for harsh Scandinavian weather.
1. Does Vienna Convention (CISG) apply?
2. Under CISG, has seller fulfilled its obligations?
3. Which remedies could buyer have?
A:
Your question is more complex than you perceive. This is not the right venue to get a correct response.
You are asking for an opinion on either the Canadian law (and that may be influence by province) and Danish law, with the overlay any treaties that may apply as well as a complete analysis of the contract.
You need either a Canadian or Danish lawyer, or perhaps both. But it appears that any statute of limitation may well have run.
A: Any question which includes the verbiage "Answer the following questions and give reasons for your answers" strongly suggests that the questioner is trying to get Justia to do their homework. Not unsurprisingly, others have thought of the same idea before you, so not even an "A" for effort. :(
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