Question

g a flight from San Francisco to Seattle, on her she was struck on the head with a backpack swung e flight she became ill, vomited, and remained 7. Your company has ordered a large quantity of water filtering equipment for commercial purposes from the USA. The contract, which is in written form, does not not comr Q(159 1. D vide specifications and dimensions of the units, only the number required (10,000 units), purpose(agriculture) and price per item(S10). It also says" detailed specifications to be agreed at a later date", when you later talk with the American seller over the phone, you tell them exactly what equipment you want and they assure you that "all will be as you ask". You are rather shocked when, three weeks later, the equipment delivered does not fit what you agreed on the phone at all. Your American partner cannot remember the phone conversation and claims that what it supplied is what it ordinarily sells from its catalogue.(19%) 2. 3. Q:Assuming that CISG applies, how does it deal with the situation? Should the parties to this contract have drafted it differently? And how?

Answer 1

Since it is a written contract so specifications should be broadly mentioned in contract and in an event the specifications and different from the original product so it leads to revocation of contract unless the modified item do not materially alter the terms of the offer and lead to Changes to price, payment, quality, quantity, delivery, liability of the parties, and arbitration conditions may all materially alter the terms of the offer .