国际商法 案例分析.doc

Grade: Title :Cases Study of International Trade Practices Course title：International Trade Practices Adviser: Pro. Gao School : The School of Applied English Student: Zhao Xinyu ( 赵欣宇 ) Class: 2011 Class 2 Student Number: 110440228 Date: 2014/6/7 Title :Cases Study of International Trade Practices CASE ONE Background: St.Paul Guardian Insurance Company V. Neuromed Medical Systems ＆Support, GmbH Shared Imaging, an American corporation, and Neuromed, a German corporation, entered into a contract of sale for a Siemens Harmony 1.0 Tesla mobile MRI. Therefore, both parties engaged various entities to transport, insure, and provide customs entry service for the MRI. Plaintiff originally named those entities as defendants, but the action has been discontinued against them by agreement of the parties. Neuromed is the sole remaining defendant. According to the complaint, the MRI was loaded aboard the vessel Atlantic Carrier undamaged and in good working order. When it reached its destination of Calmut, City, Illinois, it had been damaged and was in need of extensive repair, which led plaintiffs to conclude that the MRI had been damaged in transit. The one page contract of sale contains nine headings, including: Product, Delivery Terms, Payment Terms, Disclaimer, and Applicable Law. Under product the contract provides, “the system will be delivered cold and fully functional.” Under Delivery Terms it provides, “CIF New York Seaport, the buyer will arrange and pay for customs clearance as well as transport to Calmut City.” Under Payment Terms it states, “by money transfer to one of our accounts, with following payment terms: U.S. ＄93,000downpayment to secure the system; U.S. ＄744,000prior to shipping; U.S.＄93,000upon acceptance by Siemens of the MRI system within three business days after arrival in Calmut City.” In addition, under Disclaimer it states, “system including all accessories and options remain the property of Neuromed till complete payment has been rece