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| A Swiss buyer and a German seller concluded several contracts for the sale of barometers and hygrometers. The buyer refused to pay the purchase price. The seller commenced an action claiming payment and interest. The buyer asked for set-off of the seller's claim with damages allegedly deriving from breach of contract by the seller.
The Court found that the contracts were governed by CISG, as at the time of the conclusion of the contract the parties had their places of business in Germany and Switzerland which are contracting States of the Convention (Art. 1(1)(a) CISG). The Court held that the buyer had to pay the purchase price according to Art. 53 CISG. There was no evidence for the conditions of set-off. The seller was entitled to interest since the buyer had failed to pay the purchase price (Art. 78 CISG). The interest rate was determined by German law which was applicable in accordance to the Swiss private international law. |