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CISG-online number
7565
Case name
USAA Casualty Insurance Company v. Nuvo Residential LLC et al.
Jurisdiction
USA
Court
U.S. District Court for the District of Arizona
Judge
Steven P. Logan (District Judge)
Date of decision
20 August 2025
Case nr./docket nr.
22-1512
Claimants 2
Name
USAA Casualty Insurance Company
Place of business
USA
Role in transaction
Insurer and subrogee of third party who had suffered damage (allegedly) caused by a defect of the goods
Name
Patrick Mealey
Place of business
USA
Role in transaction
Third party who had suffered damage (allegedly) caused by a defect of the goods
Respondents 3
Name
Nuvo Residential LLC
Place of business
USA
Role in transaction
Buyer
Name
Hydro Systems International, Inc.
Place of business
USA
Role in transaction
Seller
Name
Nuvo H2O
Place of business
USA
Role in transaction
Manufacturer of the goods sold (not party to the sales contract)
Seller 1
Name
Hydro Systems International, Inc.
Place of business
USA
Buyer 1
Name
Nuvo Residential LLC
Place of business
USA
Category of goods
74: General industrial machinery and equipment, not elsewhere specified, and machine parts, not elsewhere specified
Goods as per contract
Components (head and canister) for a water softening system
CISG applicable
yes, due to parties' express choice of the CISG in their contract
Editorial remark

[…]

The contract between Hydro and Nuvo provided the following:

„Applicable Law and Settlement of Disputes:

This Contract shall be governed and regulated by CISG (United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980). Any questions not covered by CISG will be governed by the law of Italy. Any dispute may arise between Hydro Systems International NY and the Customer in connection with this Contract, its interpretation, performance, breach of termination shall be finally referred to the Court of Reggio Emilia – Italy.”