Question
Michigan Machinery Manufacturing (3M) is a Delaware corporation with its corporate headquarters located in Dearborn, Michigan. 3M received a purchase order for six pieces of
Michigan Machinery Manufacturing (3M) is a Delaware corporation with its corporate headquarters located in Dearborn, Michigan. 3M received a purchase order for six pieces of heavy equipment from Consolidated Construction Company (3C), a Canadian corporation with its corporate headquarters located in Toronto. 3M sent 3C a confirmation order in which it agreed to manufacture the equipment at its factory in Dearborn and deliver the equipment to 3C at its factory in Sault Ste. Marie, Ontario, Canada. The confirmation order contained a clause stating All disputes between the parties will be governed by the Convention on the International Sale of Goods.
But what if the facts of the case were different? Select each set of facts below that could affect the applicability of The Convention on Contracts for the International Sale of Goods (CISG).
CISG PROVISION Acceptance is generally effective only upon receipt No required writing No parol evidence rule Specific description of nonconformity required Nachfristallows additional time for performance of a contract upon notice to the other party |
Check All That Apply
A. 3C is a corporation organized in the United Kingdom, and the heavy equipment was to be delivered to its factory located in Leeds, United Kingdom.
B. The confirmation order stated that All disputes between the parties will be governed by U.S. law. The confirmation order stated that All disputes between the parties will be governed by U.S. law.
C. The sale did not involve heavy equipment to 3C but rather concerned goods sold to individuals for personal or household use.
D. The sale involved two pieces of heavy equipment and associated maintenance services with the majority of the price attributable to the maintenance services.
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