Essay - 15

Points You are a lawyer at international law firm providing consultancy on international sales transactions. Mr. Jonathan Harper is Rector of University of Central Georgia named 'UCG'. UCG is planning to enter into the contract with Microsoft Germany by virtue of which, UCG will be buying 500 pieces of Microsoft Surface Pro 7, planchet produced by Microsoft with the price of 1,000 USD per planchet to be used by its lecturers for conducting online classes. In addition, Microsoft will undertake to provide 500 Microsoft 365 Business Standard user license (annual price 12 USD per user/month) and training in Microsoft Teams for UCG lecturers (total price: USD 15,000).

Mr. Harper has always been contracting under French law before. Due to the special knowledge of French legal system, he wants French Civil Code to govern the relationship.

UCG has never bought goods Microsoft before. Therefore, Mr. Harper wants to ensure that Microsoft will be responsible for transportation (all expenses, all risks) of the computers to its premises in Tbilisi, Georgia.

Based on the information provided by above, you are expected to write a legal memorandum to Mr. Harper providing answers to the following issues:

1. Does the CISG apply to the contract?

2. Can French Civil Code be applicable to the transaction? If yes, how may the parties ensure its application?

3. What delivery term (Incoterm) suits interests of UCG best and how should the parties ensure its application?

The Memorandum should be based on the assumption that place of business of UCG is Tbilisi, Georgia and place of business of Microsoft Germany is Berlin, Germany.