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Section 3 Formation of International Sales Contract
Case 3-4 Counter-offer or Acceptance ? Facts: An Italian seller and a Belgian buyer wanted to enter into a contract for the sale of textiles. The seller provided samples of its fabrics to the buyer on the bases of which, the latter determined its collection of sandals to be presented to its customers. After selecting a certain fabric the buyer placed an order. However, the seller proposed a substitute for the ordered fabric and, shortly after that, it communicated the impossibility of delivery unless a larger quantity of fabric was ordered. The buyer refused both these proposals. Was there a contract concluded?
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Section 2 Application of the CISG
Case 3-1 Asante Technologies, Inc. v. PMC-sierra, Inc. Facts: The Asante (P), in California, purchased electronic parts from the PMC (D), whose office and factory were in Canada. P directly corresponded with D at D’s Canadian address. P placed its orders through D’s authorized distributor, Unique Technologies, located in California. Invoices were sent from Unique, and payment remitted to Unique. P claimed that the goods did not meet its specifications. What law is applied to this case?