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CISG-online number
7249
Case name
Industrial Solution Partner B.V. v. Randridge International Ltd
Jurisdiction
Netherlands
Court
Rechtbank Rotterdam (District Court Rotterdam)
Judges
F. Aukema-Hartog (Judge), N. Doorduijn (Judge), Ü. Gümüs (Judge)
Date of decision
04 December 2024
Case nr./docket nr.
C/10/666562 / HA ZA 23-865
Claimant 1
Name
Industrial Solution Partner B.V.
Place of business
Netherlands
Role in transaction
Seller
Respondent 1
Name
Randridge International Limited
Place of business
Ireland
Role in transaction
Buyer
Seller 1
Name
Industrial Solution Partner B.V.
Place of business
Netherlands
Buyer 1
Name
Randridge International Limited
Place of business
Ireland
Category of goods
81: Prefabricated buildings; sanitary plumbing, heating and lighting fixtures and fittings, not elsewhere specified
Goods as per contract
Cooling systems for 4 sub-distribution stations at a tank terminal in Rotterdam (Netherlands)
Price
811'000.00 EUR (Euro)
CISG applicable
no
(Domestic) law applied in addition
Dutch law
Relevant CISG provisions not cited
Art. 3(2)
Editorial remark
by Ulrich G. Schroeter

In this decision, the District Court Rotterdam concluded that the CISG did not apply to a Dutch-Irish contract for the design, supply and installation of cooling systems in a tank terminal.

The relevant passage (in para. 28 of the decision) reads as follows (in translation):

«5.3.
Based on the choice of law from Randridge's applicable purchase conditions, Dutch law applies. With the parties, the court finds that the Vienna Sales Convention does not apply in this case. It is true that the contract between the parties also concerns the purchase of movable property, but the contract relates predominantly to the contracting of work and that is not covered by this Convention.»

Full text of decision 1
Full text of decision