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CISG-online number
7365
Case name
Garage Door Systems, LLC v. Blue Giant Equipment Corp.
Jurisdiction
USA
Court
U.S. Court of Appeals (7th Circuit)
Judges
John Z. Lee (Circuit Judge), Michael Y. Scudder (Circuit Judge), Thomas Kirsch (Circuit Judge, reporting)
Date of decision
11 April 2025
Case nr./docket nr.
24-2136
Claimant 1
Name
Garage Door Systems, LLC (doing business as Overhead Door Company of Indianapolis)
Place of business
USA
Role in transaction
Buyer
Respondent 1
Name
Blue Giant Equipment Corporation
Place of business
Canada
Role in transaction
Seller
Case History
Garage Door Systems, LLC v. Blue Giant Equipment Corp.
U.S. District Court for the Southern District of Indiana
USA, 20 June 2024 – 1:23-cv-02223-JMS-KMB, CISG-online 7026
Present decision reversing and remanding
Seller 1
Name
Blue Giant Equipment Corporation
Place of business
Canada
Role in trade
Manufacturer of the goods sold
Buyer 1
Name
Garage Door Systems, LLC (doing business as Overhead Door Company of Indianapolis)
Place of business
USA
Role in trade
Distributor
Category of goods
74: General industrial machinery and equipment, not elsewhere specified, and machine parts, not elsewhere specified
Goods as per contract
39 mechanical dock levelers (equipment that bridges the gap between a trailer and a loading dock during the loading and unloading process)
CISG applicable
yes, Art. 1(1)(a)
CISG applied
yes, in assessing whether an arbitration clause contained in standard terms of business had been agreed upon by the parties
Key CISG provisions interpreted and applied
Art. 8(2)
CISG provisions also cited
Art. 8(1); Art. 8(3)
Non-provision-specific issues addressed
Formation of party agreement on dispute resolution clause; Incorporation of standard terms into CISG contracts
This decision cites the following other CISG-online cases 5
VLM Food Trading Int'l, Inc. v. Illinois Trading Comp. et al.
U.S. Court of Appeals (7th Circuit)
USA, 10 April 2014 – 13-1799 & 13-1697, CISG-online 2810
Roser Technologies, Inc. v. Carl Schreiber GmbH
U.S. District Court for the Western District of Pennsylvania
USA, 10 September 2013 – 11cv302 ERIE, CISG-online 2490
CSS Antenna, Inc. v. Amphenol-Tuchel Electronics GmbH
U.S. District Court for the District of Maryland
USA, 08 February 2011 – CCB-09-2008, CISG-online 2177
Golden Valley Grape Juice and Wine, LLC v. Centrisys Corp. et al.
U.S. District Court for the Eastern District of California
USA, 21 January 2010 – CV F 09-1424 LJO GSA, CISG-online 2089
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino S.p.A.
U.S. Court of Appeals (11th Circuit)
USA, 29 June 1998 – 97-4250, CISG-online 342
This decision cites the following CISG-AC Opinion 1
CISG-AC Opinion No. 13 ‘Inclusion of Standard Terms under the CISG’ (Rapporteur: Sieg Eiselen), adopted by the CISG Advisory Council following its 17th meeting in Philadelphia (USA) on 20 January 2013
Full text of decision 1
Full text of decision
Original language: English