Código de Comercio de la República Argentina (Spanish Edition)

Codigo De Comercio De La Republica Argentina . (Spanish Edition) (Paperback)

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ICEX España Exportación e Inversiones, E.P.E, M.P

Before the conclusion of the contract, the buyer had furnished samples of the carton packages in which he wanted the cans to be contained and shipped. The purchase price was effected by a letter of credit released to the order of the Argentine seller, who in turn had agreed to transfer the funds to the Chilean supplier. The Mexican buyer complained that the boxes of canned fruit were not of the same kind as agreed, resulting in lesser resistance, that they had deteriorated after shipment and were received in damaged condition.

The buyer also alleged that sixty-three per cent of the cans were corroded due to the humidity contained in the packages, that the mix and size of some of the canned fruit did not conform to the agreement, that the colors of the cartons and labels were different than those agreed upon, that there was a shortage in the number of boxes and, finally, that the Chilean supplier failed to provide the buyer with the invoices for the entire agreed price.

Also attached to the notarial act was a report prepared by two technicians appointed by the buyer who concluded that the cartons used by the seller were "useful for wrapping but not for packaging the goods. Pursuant to Articles 2.

IV and 14 of its organic law, Compromex proceeded to issue a non-binding opinion dictamen. In support of this allegation, the Argentine seller submitted a copy of the packing list, a bill of lading issued by the carrier, as well as a certificate of origin of the goods and a phitosanitary certificate issued by Chilean agencies.

In all of those documents, Santa Adela appears as the shipper and exporter of the goods. According to Compromex, the Argentine seller was also responsible for delivering conforming goods to the Mexican buyer, because it was required to monitor that the Chilean subcontractor complied with the terms of the contract. The writing requirement does not call for a formal or solemn contract contrato formal and a different interpretation, in the opinion of Compromex, "would be in conflict with the general principles of the CISG.

In the absence of specifications as to the quality of the goods, the seller is required under Articles 35 through 36 of CISG to ship the goods with adequate canning and packaging in order to store and protect them during carriage. Without addressing the question of means and standard of proof, Compromex found that the damage suffered by the canned fruit was due to the fact that the boxes, packaging, and shipping envases, empaque y embalaje of the cans were unsuitable to withstand maritime transportation.

It also found that the seller should have provided the buyer with all the invoices corresponding to the amount and value of the goods paid by the latter. In sum, the Argentine seller was held liable for failing to supervise the delivery of the goods shipped by the Chilean supplier, which arrived in damaged condition due to improper canning and packaging. The recommendation to the seller by Compromex was that the refund of the purchase price paid by the buyer and the delivery of invoices expressing the exact value of the transaction. Compromex refused to rule on the damages claim due to the fact that the complainant buyer had failed to substantiate the damages that it had suffered.

Rosch, Recueil Dalloz ; Zuppi, in: Al margen un sello con el Escudo Nacional, que dice: El pedido lo hizo por , cajas de duraznos en mitades y 20, cajas de cocktail de frutas con un valor de U. Que el valor de las facturas expedidas por la empresa chilena "Agroindustrial Santa Adela, S.

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Sin embargo, ofrecieron a "la quejosa" presentarlos con los directivos de la empresa chilena "Agroindustrial Santa Adela, S. On March 13, , the claimant filed a statement of claims requesting the intervention of the Commission for the Protection of Foreign Commerce of Mexico, demanding from the respondent Companies the following:. Payment of interests, damages and losses as well as all the expenses incurred because of the respondent companies' failure to perform. Payment for the goods was made on January 13, by means of an irrevocable and confirmed letter of credit No The cardboard boxes arrived in a damaged condition due to low cardboard resistance.

The sides and corners of the boxes were either torn or wrinkled, many of them with signs of moisture and some with their corners taped together. The boxes are blue and yellow, when they should have [page ] been yellow and red like the samples submitted to LANIN. Moreover, the shipment was incomplete with regard to the number of boxes. A large portion of the goods were rotted because of serious defects in the metal cans, such as can oxidation; the average vacuum in the fruit cans should be 4.

Sixty-three percent of the cans had corrosion near the seams. This corrosion was the result of the humidity inside the containers and the low quality of the boxes. The mix of the fruit cocktail was not homogenous, with an uneven relation between the pears and the peaches; the size of the grapes and cherries do not conform to specifications; additionally the mix and quality of the fruit varies from one can to another. To prove these facts the claimant presented notarial account number dated September 15, , prepared by Lic. The Commission issued Official Comuniques dated March 15, , reference nos.

On April 7, , Official Comunique No. It denies being the proper defendant to be subject to the claim regarding the foreign trade transaction, on the grounds that the preparation and export of the goods was made directly by Agroindustrial Santa Adela, S. It accepts that in mid, it supplied the claimant with preserves and peaches in syrup, and that on that occasion it never received a complaint from the purchaser. Notwithstanding the above, they offered to introduce the claimant to directors from the Chilean company Agroindustrial Santa Adela, S.

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Once the claimant approved of the transaction with Agroindustrial Santa Adela, S. It was agreed that the goods would be supplied from the Republic of Chile. In support of this fact it listed and attached photocopies of several documents, including the following:. LANIN also refused to be bound to the arbitration procedure or to the recommendation, alleging that the requirements of article 14 of the law creating the Commission had not been met, and that because of this, the Commission for the Protection of Foreign Trade of Mexico could not conduct the arbitral procedure or issue the recommendation.

LANIN also argued that it had been placed in a helpless situation by the claimant, prejudicing its right to defend itself, because the claimant conducted the testing at its place of business with its own experts, to prove the supposed nonconformity of the cans received under its purchase order. LANIN also argued that said evidence lacked any legal value since it was produced by an interested party, without allowing access to the opposing party.

LANIN argued that the notarial instrument submitted by the claimant constitutes a mere allegation of the claimant in notarial form. LANIN argued that the United Nations Convention on Contracts for the International Sale of Goods The Vienna Convention does not apply for the purposes of resolving any dispute regarding this transaction, because the Republic of Argentina made the reservations provided for in article For such purposes, the parties where notified in a timely and formal fashion.

Legislation Argentina (Lexadin)

The opposing parties appeared at said meeting. The claimant appeared through its legal representative, while LANIN [was deemed to appear] by means of a brief that it timely submitted to the office of the Trade Representative of Mexico in Buenos Aires, Argentina.

No progress was made on this matter as a result of the position held by both parties which simply ratified their earlier arguments. On October 5, , COMPROMEX served notice to the parties involved informing them of this Commission's determination, allowing them a reasonable period to make arguments favorable to their interests, and allowing them to submit any additional evidence they deemed convenient. A letter from the trustee in bankruptcy of Santa Adela was received stating that said company had been completely liquidated under the procedures established by the laws of the Republic of Chile.

This claim is based on the facts described in said paragraph and on the documents exhibited by the claimant in support of the claims. It is this Commission's opinion, based on articles 18 and 23 of the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna, Austria, on April 11, hereinafter the Vienna Convention , whose adhesion protocol has been signed by the governments of the Republic of Mexico and of the Republic of Argentina, that a contractual relationship has been evidenced by Lanin's letter of reply.

Also, LANIN appears as the beneficiary of the credit in various documents submitted by both parties regarding the use of the letter of credit by the claimant to pay for the merchandise. We inform you that the management of the company Santa Adela has been informed of your concerns.

They shall immediatly establish contact with you and will keep us informed. Said letters are dated May 17, June 11, June 15, Get fast, free shipping with Amazon Prime. Get to Know Us. English Choose a language for shopping. Explore the Home Gift Guide. Amazon Music Stream millions of songs. Amazon Advertising Find, attract, and engage customers. Amazon Drive Cloud storage from Amazon. Alexa Actionable Analytics for the Web. AmazonGlobal Ship Orders Internationally. Amazon Inspire Digital Educational Resources.

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