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  (1) The parties are bound by any usage to which they have agreed and any practices which they have established between themselves.

(2) The parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.

# Cases
 1 Usages and practices
  1.1 Practices established between parties
  1.2 Usages expressly agreed to by parties
  1.3 Applicability of usages not expressly agreed to by parties
   1.3.1 Parties knew or ought to have known of usages
   1.3.2 Usages widely known and regularly observed in international trade
Country # Cases  
Arbitral Award 1  
Argentina 3  
Australia 1  
Austria 3  
Germany 5  
Italy 1  
Netherlands 1  
Russian Federation 1  
Spain 2  
Switzerland 2  
USA 7  
Date Court
26.03.2002 U.S. District Court, S.D., New York
21.08.2002 U. S. District Court, S. D., New York
11.06.2003 US Court of Appeals for the Fifth Circuit
07.02.2006 U.S. District Court, Southern District, Texas, Houston Division
13.04.2006 U.S. District Court, Western District Washington at Tacoma
28.09.2011 U.S. District Court, Southern District of New York
19.01.2016 U.S. District Court, Eastern District of Pennsylvania
27 Local usages
5 Conclusion of contract by letter of confirmation
6 Incorporation of standard terms
  1.4 Usages to prevail over provisions of Convention
  1.5 Validity of usages
Total: 52

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