[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: UN CISG

I've encountered a handful of contracts that explicitly exclude CISG. According to one provider whom I recently questioned, the reasons are not
particularly pernicious. Some attorneys prefer to exclude it as a matter
of course since one's domestic law is much better known, and (according to
my source) there is not a great deal of case law involving CISG on which
to rely. There is also some question whether CISG even applies to
transactions in information, turning upon the question of whether
information is considered a 'good'.

The convention does have a number of provisions that differ from the U.S. Uniform Commercial Code, for example that returning a signed contract with
modifications or amendments to the original document, or a purchase order
with different terms, is considered a rejection of the original offer
rather than a binding agreement (what is called the 'battle of forms'). Also, under CISG a contract need not be in writing. In my non-lawyer's
view, including or excluding it in a standard written information contract
is unlikely to have much practical import.

There are a number of CISG sites on the web. An excellent site with links
to many others is at http://www.cisg.law.pace.edu/

Ivy Anderson
Digital Acquisitions Program Librarian
Harvard University Library

At 06:15 PM 7/29/2004 -0400, you wrote:
Having searched the liblicense-l archives with little success for this
issue, I'm wondering if any list members would have any advice on the
following.  Our organisation has been presented with a licence for
database access which contains a clause specifically stating that the
"United Nations Convention on Contracts for the International Sale of
Goods" shall not apply.  I have never previously come across this wording
in a license agreement for scientific information.  Would anyone know what
impact, for good or ill, signing up to this would have? The governing law
for the agreement is The Netherlands.  Both Australia and the Netherlands
are signatories to this Convention.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jacqui Porter
Procurement Unit
CSIRO Australia
AUSTRALIA
Ph:  +61 3 9518 5936
Fax: +61 3 9518 5959
Email: jacqui.porter@csiro.au
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~