RE: License question - UN Convention on Contracts

["John Cox" <John.E.Cox@btinternet.com>]

The United Nations Convention on Contracts for International Sale 
of Goods was signed in 1980 [for the text, see 52 Federal 
Register 6262, 6264-6280 (March 2, 1987); United States Code 
Annotated, Title 15, Appendix (Supp. 1987)].  It establishes a 
code of legal rules governing the formation of contracts for the 
international sale of goods, the obligations of the buyer and 
seller, remedies for breach of contract and other aspects of the 
contract. The Convention entered into force on 1 January 1988. 
The USA and many other trading nations are all signatories.

Its provisions - which on a quick read simply set out a sensible 
code of conduct for the buyer and seller of goods to follow - can 
be excluded by agreement between the parties.  For a lot of 
information, go to the relevant UN web site: 
http://www.uncitral.org/uncitral/en/uncitral_texts/sale_goods/1980CISG_status.html

I cannot see why this site would even mention the Convention. 
It does not seem to be very relevant to the licensing of online 
services, as it is mainly concerned with the sale of physical 
goods.  I have seen a lot of licenses, but this Convention has 
never featured in any of them.  It is probably no more than an 
overzealous lawyer including everything including the kitchen 
sink in the boilerplate language.  Perhaps Social Explorer should 
be asked why?

John Cox
Managing Director
John Cox Associates Ltd
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Ann Okerson
Sent: 02 April 2008 01:53
To: liblicense-l@lists.yale.edu
Subject: License question - UN Convention on Contracts

This inquiry comes from one of our Yale Librarians.  It was a new 
question for me.  Does anyone in liblicense-l land have 
experience of the UN Convention on Contracts?  Is it in wide use? 
What does anyone think of it?  Many thanks, Ann Okerson

***

    While reviewing a license for a U.S. demographics website, Social
    Explorer <http://www.socialexplorer.com/pub/home/home.aspx>, I
    encountered the following language:

    /You expressly agree to waive all rights, if any, arising under the
    United Nations Convention on Contracts for the International Sale of
    Goods. /

    Should I be concerned about this waiver?

    Thanks,
    Robin Featherstone