The company Sorhofroid ， a franchised import dealer of the American company Thermo King，sold to the company Frappa a refrigeration unit，Which was subsequently resold to the company Transports Norbert Dentressangle 。
The latter loaded goods to be delivered to the company Systeme U ，which refused them because they had thawed 。
Having before it an appeal lodged by the company Thermo King against the ruling of the Commercial Court , whereby liability for the damage due
to thawing had been shared between Thermo King and Transports Norbert Dentressangle , the Court of Appeal allowed the action brought directly by the sub-purchaser against the initial seller.
In addition , the Court stressed that CISG was applicable , unless otherwise agreed, to sales concluded after 1 January 1988 between a seller and a
buyer with their places of business in the United States and France, respectively.
The Court found that the sub-purchaser could base his action against the American seller on CISE, since the seller had issued a contractual guarantee in favour of the end-user.
Notwithstanding any more precise determination of the defect , the early breakdown established the Court's finding of lack of conformity and its
assigning of full liability to Thermo King.
The applicable-law clause in the contract (Minnesota law ) and the arbitration clause contained in the initial contract between Thermo King and Sorhofroid , both of which clauses had been invoked by Thermo King ,
were found by the Court to be inapplicable to the sub-purchaser, which was not party to initial contract. The Court ruled , moreover, that only the franchise contract and not sales made in application of that contract should be subject to the Minnesota law chosen by the parties.
The Court found articles 35(2)(a) and 36 CISG to be applicable with regard to the defects of the refrigeration unit, noting that the unit had broken down within a short period of time after it was first operated and that it was up to the seller,
presumed liable, to prove that it was not responsible for the defect.
- 1 0 年前最佳解答
公司 Sorhofroid ，美國公司 Thermo 國王的一個被賦予特權的進口經銷商，對公司 Frappa 一個冷卻組件賣，這後來對公司經銷運輸 Norbert Dentressangle 。
裝載要遞送到公司 Systeme U 的貨物後者，因為他們融解，所以這拒絕他們。
有在它之前一個訴願由對抗商業法院的判決的公司 Thermo 國王投宿，那裡對到期的損害責任
除此之外，法院強調 CISG 是可適用，除非另外同意，對售賣在 1988 年一月 1 日之後總結在一個賣方之間和一
法院發現子買方可以在 CISE 上以對抗美國賣方的他的行動作基礎，自賣方支持使用者發佈一個契約的保證以後。
對 Thermo 完全的責任國王的分配。參考資料： 奇摩的翻譯機<自己可去查>
- 1 0 年前
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