文档介绍：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:
Guardian pany 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 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 plaint, 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 Delive