This convention is in effect at least 59 countries are parted to this convention (Russia, Australia, Canada, USA, China, Spain…). This convention is not in effect in the United Kingdom, however in some cases it even applies in UK, because it is a very far reaching convention.
This convention applies in two cases:
- First one when the parties to the contract have their offices in states parties.
- Second one when the rules of private international law lead to the application of the law of a contracting state.
The Vienna convention does not apply to all contracts of sale of goods.
Are excluded:
- Contracts of sale for a personal family or domestic use
- Contracts related to the sale of money different currencies shares and bounds
- Goods seized by order of court
- Vessels and airplanes
- Electricity.
[...] Definition and conditions An offer is a proposal to conclude a contract sent to one or more determined persons. An offer must be sufficiently accurate it must indicate the offeror's will to be bound (lié) in the case of acceptance by the other party. Une proposition de conclure un contrat envoyé à une ou plusieurs personnes, l'offre doit être suffisamment précise et doit indiquer la volonté de l'offrant d'être lié à l'autre partie. An offer is sufficiently accurate when it designates the good and expressly or in an implied manner, fixes the quantity and the price or gives indications that enable to determine them conditions : ferme, suffisamment précise et doit être adressée à des personnes déterminées. [...]
[...] In March 1990, Chilewich sent an offer to Filanto to buy shoes from him and the offer contains price and other terms. It also contains an arbitration clause identical to the one between Chilewich to Razno Export (Moscow arbitration). In August 1990, Filanto finally signed and sent back the contract. However, Filanto excluded the arbitration clause. Chilewhich refused to pay the balance amount of the shoes and Filanto sued Chilewich in front of United States District Court. Before signing and sending back the contract, Filanto has already started produce and deliver the shoes and Chilewich has already paid in part. [...]
[...] The scope of the convention The Vienna convention does not apply to all contracts of sale of goods. Are excluded: - Contracts of sale for a personal family or domestic use - Contracts related to the sale of money different currencies shares and bounds - Goods seized by order of court - Vessels and airplanes - Electricity The parties if they wish may decide to exclude the Vienna Convention even when the convention should have applied because it inters into its scope. [...]
[...] Acceptance resulting from an act, action or performance Under the Vienna convention, acceptance can result from an act. Illustration by Filanto company VS Chilewich US district court”. The case was decided upon by the American state district court in 1992. The facts are the following: -1st contract between Chilewich, an American cie and Razno Export, a Russian cie. This contract contains an arbitration clause in favor of arbitration in Russia, Moscow. The aim of this contract is the sale of shoes from Chilewich to Razno Export. - 2nd contract between Chilewich and Filanto , an Italien cie. [...]
[...] The Vienna convention explains what it means by substantial elements. Substantial elements are those related to: - The price - The quality and quantity of the goods - The time and place of delivery - The amount of responsibility of the parties in relation to each other Retraction of acceptance The Vienna Convention has retractions provisions even regarding acceptance. Acceptance can be retracted if it reaches the offeror before the moment the acceptance could produce its effects: - 1. Either before the conclusion of the contract: the moment when the offeror receives the acceptance. [...]
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