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11 of the "General Terms of Delivery". Overview of evidence taken and of the proceedings In its decision of 7 November 2001, the Court decided to rule on the issue of the saleability of the machine. Case law shows further that court hearings shall not play the role of supplementing missing data and thrusts in the relevant parties' particulars and filings as to the facts of the case. Therefore, seller was not in the position

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to re-sell this specially-produced manufacturing facility to another customer without any obstacles. With regard to building contracts ( Werkverträge the characteristic performance is the manufacturing and supply of the relevant goods (Art. Additionally, seller could save costs and expenditures in the amounts of SFr 29,480 (assembly of the machine ex factory SFr 142,000 (commission fees) and SFr 6,300 (freight costs). But the Federal Supreme Court further states that, in principle, the Cantonal sovereignty with regard to any procedural rules shall remain unaffected, unless such a Federal restriction is necessary to secure the application of Federal substantive law ( see BGE * 108 II 339. Any exchange back into US dollars might be even more expensive right now. Decision on the Court's jurisdiction - Explicit choice of Swiss law and jurisdiction of Swiss courts Under Term.

Since seller has its seat in the Canton. Although that claim has already been changed and altered, timely and factually, it falls back to the time of the conclusion of the sales contract here in question. It is thereby decisive whether that machine was unique or more or less a standard model without any detailed specifications. 123 ZPO, Note 9). In its note of 17 February 1997, seller waived and objected to any subsequent performance by buyer according to its former communication and claimed compensation for damages that occurred due to buyer's non-performance of its payment obligation pursuant to Art. The included pre- wired and pre-piped utility panel further simplifies electrical and compressed air connections. Rise of seller's counterclaim prior to buyer's insolvency Seller has changed its original contractual claim for payment of the purchase price pursuant to Art. In fact, this duty to assist is a mere procedural duty and obligation, which any judge and court may reprimand to comply with in respect of its preceding of the legal action. Jurisdiction and governing law as to seller's counterclaim To determine the competence and jurisdiction of a court as to a counterclaim and set-off, jurisprudence and case law focuses on the lex fori ( see Amstutz/Vogt/Wang *, Art.




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Buyer contends that since seller did not substantiate the mitigating measures it has taken, one must assume that it did not carry out sufficient mitigating measures. Court's conclusions in the light of expert's opinion The Court concludes from the expert's opinion, hearing and its written statement (No. 3 cisg, Note 3). Buyer has merely one sow box a container (trough, pan) of the size solution of a warp-sizing machine, often steam jacked and/or provided with open or closed steam piping for heating the size solution. Such a restitution would pertain to buyer's payment on account of US 380,000. Thereby, it is worth noting that buyer has not brought forward any further and additional general objections to the expert's conclusions and statements during the Court's hearing of the expert and at a later stage. The relationship for restitution amongst the parties after seller's declaration of avoidance of the sales contract serves to restore the current status to the status quo ante ( see Weber *, Art.

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Ncis rencontre ncis los angeles Apart from an explicit exclusion, parties may impliedly exclude the application of the cisg pursuant to Art. Seller files with the Court that it has mature a st die des uzwil not commenced a counter-action, since the probability to succeed tends to nil, whilst insolvency proceedings have already been opened against buyer.
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