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Date: 06.02.1996
Country: Austria
Number: 10 Ob 518/95
Court: Oberster Gerichtshof
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=202
FORMATION OF CONTRACT - WRITTEN FORM NOT NECESSARY (ART. 11 CISG)

FORMATION OF CONTRACT - INCORPORATION OF STANDARD TERMS - GENERAL RULES ON FORMATION OF CONTRACT APPLICABLE - EXPRESS OR IMPLIED AGREEMENT ON CONTENT NEEDED

USAGES (ART. 9(2) CISG)

OFFER SUFFICIENTLY DEFINITE (ART. 14(1) CISG) - QUANTITY OF GOODS - INDICATION OF APPROXIMATE AMOUNT - OFFER DEFINITE

PAYMENT OF PRICE - BUYER'S OBLIGATION TO TAKE ALL MEASURES AND COMPLY WITH ALL CONTRACTUAL AND LEGAL FORMALITIES (ART. 54 CISG) - OPENING OF LETTER OF CREDIT

FAILURE TO PERFORM CAUSED BY CONDUCT OF AGGRIEVED PARTY - SELLER'S OMISSION - LOSS OF RIGHT TO RELY ON BUYER'S BREACH (ART. 80 CISG)

EXEMPTION FOR NON PERFORMANCE - RESTRICTION BY SELLER'S SUPPLIER - LIMITATION AS TO COUNTRIES WHERE GOODS CAN BE TRADED - IRRELEVANT WHEN NOT AGREED UPON BY PARTIES

DAMAGES (ART. 74 CISG) - LOSS OF PROFITS - RECOVERABLE