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  • Respondent 3

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    basakev
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    The document discusses whether Claimant's General Conditions of Sale (GCS) were validly included in an alleged contract between Claimant and Respondent. According to the CISG, even if a contract should have been concluded, the GCS would not have been validly included as Respondent was never made aware of the GCS by Claimant. UNIDROIT principles state that for standard terms in a separate document to be incorporated, the parties must expressly refer to them, and implied incorporation is only permitted if there is an established practice or usage between the parties.

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    The document discusses whether Claimant's General Conditions of Sale (GCS) were validly included in an alleged contract between Claimant and Respondent. According to the CISG, even if a contract should have been concluded, the GCS would not have been validly included as Respondent was never made aware of the GCS by Claimant. UNIDROIT principles state that for standard terms in a separate document to be incorporated, the parties must expressly refer to them, and implied incorporation is only permitted if there is an established practice or usage between the parties.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    3 views1 page

    Respondent 3

    Uploaded by

    basakev
    The document discusses whether Claimant's General Conditions of Sale (GCS) were validly included in an alleged contract between Claimant and Respondent. According to the CISG, even if a contract should have been concluded, the GCS would not have been validly included as Respondent was never made aware of the GCS by Claimant. UNIDROIT principles state that for standard terms in a separate document to be incorporated, the parties must expressly refer to them, and implied incorporation is only permitted if there is an established practice or usage between the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    If a contract was concluded were Claimant's GCS validly

    I SSUE 3
    included into that alleged contract?

    NO

    NO

    According to the CISG, even if a contract should


    have been concluded (quod non), the General
    Conditions of Sale including the Arbitration Clause
    would not have been validly included into the
    contract. The General Conditions were never made
    available to Respondent by Claimant. (Pg. 27 P. 14)

    On the other hand, standard terms


    Art. 2.1.19 UNIDROIT: contained in a separate document or
    It follows that standard terms proposed by one party electronic file will normally have to be
    bind the other party only on acceptance, and that it referred to expressly by the party intending
    depends upon the circumstances of the case whether to use them. Implied incorporation may be
    the two parties must refer to the standard terms admitted only if there exists a practice
    expressly or whether the incorporation of such terms established between the parties or usage
    may be implied. to that effect.

    Thus, standard terms contained in the contract


    document itself will normally be binding upon the mere
    signature of the contract document as a whole, at least
    as long as they are reproduced above that signature
    and not, for instance, on the reverse side of the
    document

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