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RE: License question - UN Convention on Contracts
---------- Forwarded message ----------
Date: Wed, 2 Apr 2008 09:34:18 -0400
From: Sandy Thatcher <sgt3@psu.edu>
To: ann.okerson@yale.edu
Subject: Re: License question - UN Convention on Contracts
Date: Wed, 2 Apr 2008 09:04:32 -0400
From: "Doling, Jennie" <jennie.doling@sunypress.edu>
To: "AAUP rights and permissions list" <aaup-r@ucp.uchicago.edu>
It's the United Nations Convention for Contracts on
International Sale of Goods. It is supposed to provide a
unified system of regulations for, well, the international sale
of goods. My understanding of this only consists of the fact
that it should hardly be an issue for us. Our "durable goods"
for import or export hardly are on the level of farm equipment,
a massive number of trinkets, cars, iron, steel, etc. Has
anyone heard or experienced anything different?
Any disputes are settled under this unified code and the
individual domestic laws are superseded. Perhaps this means
that the nice phrase along the lines of: "This agreement shall
be governed by the laws of the State of New York, and both
parties hereby agree that any dispute or disagreement arising
under any of its clauses shall be adjudicated in a court under
the jurisdiction of the State of New York of the United States
of America," goes by the wayside if there is a disagreement.
I once heard, though, that if one is or is dealing with an
entity that has ratified this convention (U.S. has), any
contract regarding a sale is under the jurisdiction of CISG
unless the contract explicitly states which part/s of the CISG
are to be excluded from the contract! It doesn't seem like the
Social Explorer website has done that. Long story short, sorry
Robin, I wouldn't worry about agreeing to that waiver.
Jennie R. Doling
Rights and Permissions Manager