Keywords
Abstract
FullText
Sources
Print
Close
Keywords
Date: 03.12.1997
Country: Switzerland
Number: P4 1996/00448
Court: Zivilgericht Kanton Basel-Stadt
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=372
JURISDICTION 1988 LUGANO CONVENTION JURISDICTION OF COURT FOR PLACE OF PAYMENT OF PRICE

PLACE OF PAYMENT OF PRICE - PLACE OF DELIVERY OF GOODS OR DOCUMENTS - ONLY WHEN PAYMENT IS MADE AGAINST HANDING OVER OF GOODS OR DOCUMENTS (ART. 57(1)(B) CISG)

PAYMENT AGAINST HANDING OVER OF GOODS OR DOCUMENTS (ART. 57(1)(B) CISG) ONLY WHEN BUYER AND SELLER MUST PERFORM SIMULTANEOUSLY - PURCHASE INVOLVING DELAY IN PAYMENT (PAYMENT ON CREDIT) NOT COVERED BY ART. 57(1)(B) CISG

CONCLUSION OF CONTRACT BY LETTER OF CONFIRMATION - INVOICE - INVOICE NOT BELONGING TO PROCESS OF FORMATION OF CONTRACT - CLAUSE INSERTED BY SELLER IN ITS INVOICE AND NOT OBJECTED BY BUYER CANNOT BECOME PART OF CONTRACT

PRACTICES ESTABLISHED BETWEEN PARTIES (ART. 9(1) CISG) TWO CONTRACUAL RELATIONSHIPS NOT SUFFICIENT TO ESTABLISH PRACTICE

USAGES (ART. 9(2) CISG) - PLACE OF PAYMENT OF PRICE DIFFERENT FROM SELLER'S PLACE OF BUSINESS (ART. 57(1)(A) CISG) - NOTICE BY SELLER ABOUT PAYMENT AT SELLER'S BANK - SELLER'S NOTICE WIDELY KNOWN AS AN ALTERNATIVE PLACE OF PAYMENT AND NOT AS INDICATION OF EXCLUSIVE PLACE OF PAYMENT - USAGE NOT EXISTING