Question
A U.S. software manufacturer sold software for processing credit card charges to a U.S. limited liability company that was a wholly-owned subsidiary of a German
A U.S. software manufacturer sold software for processing credit card charges to a U.S. limited liability company that was a wholly-owned subsidiary of a German corporation. The software did not function properly and generated erroneous reports of charges. The U.S. buyer and its German parent sued the software manufacturer for breach of contract. The plaintiffs asserted that the CISG was applicable to the transaction as the head of the German parent company signed the purchase and sales contract. The software manufacturer alleged that the CISG was inapplicable as the contract was addressed to the U.S. limited liability company, and the purchase price was paid with a check tendered by the U.S. purchaser. Is the CISG applicable to this transaction? Why or why not? American Mint LLC v. GOSoftware, Inc., 2006 U.S. Dist. LEXIS 1569 (M.D. Pa. 2006).
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