Following an offer from a German glass producer, an Italian buyer ordered a certain quantity of test tubes. The buyer's order differed from the seller's offer insofar as it contained a different term as to the quality of the glass. After an exchange of correspondence between the parties and without reaching an actual agreement about the glass type , the seller delivered test tubes made of the type of glass supposedly needed by the buyer. The buyer refused to pay the purchase price and the seller commenced an action to recover it.
The lower Court upheld the main part of the seller's action. The buyer appealed.
The Court held that a contract had not been validly concluded because the parties did not reach an agreement about the glass type. In the opinion of the Court, since the buyer's order modified the seller's offer as to the quality of glass, it did not constitute an acceptance of the seller's offer. Accordingly, no contract had been concluded between the parties (Art. 19 (1) and (3) CISG). |