During negotiations, a US seller made to a Hungarian buyer two simultaneous and alternative offers to sell different kinds of aircraft power units, without fixing the price. The seller claimed that a contract had been concluded.
The court held that although CISG does not apply to the sale of aircraft (Art. 2(e) CISG) it does apply to the sale of single components of aircraft. However, as the offer did not specify the price, it was not sufficiently definite for mere acceptance on the part of the buyer to conclude the contract (Art. 14(1) CISG). |