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CISG-online number
1005
Case name
Vision Systems, Inc. v. EMC Corp.
Jurisdiction
USA
Court
Superior Court of the State of Massachusetts
Judge
Allan van Gestel (Sole judge)
Date of decision
28 February 2005
Case nr./docket nr.
034305BLS
Claimants 2
Name
Vision Systems, Inc.
Place of business
USA
Role in transaction
Seller
Name
Vision Fire & Security Pty, Ltd.
Place of business
Australia
Role in transaction
Seller
Respondent 1
Name
EMC Corporation
Place of business
USA
Role in transaction
Buyer
Sellers 2
Name
Vision Systems, Inc.
Place of business
USA
Role in trade
Dealer / Trader
Name
Vision Fire & Security Pty, Ltd.
Place of business
Australia
Role in trade
Manufacturer of the goods sold
Buyer 1
Name
EMC Corporation
Place of business
USA
Role in trade
Manufacturer purchasing goods as supplies for production purposes
Category of goods
87: Professional, scientific and controlling instruments and apparatus, not elsewhere specified
Goods as per contract
2,300 smoke detection units per year
CISG applicable
no, Art. 1(1) (non-applicability of the CISG to domestic sales contract)
CISG applied
no, because the Court found the transaction's „center of gravity“ to be located in Massachusetts, so that the sale was primarily a domestic one between the U.S. buyer and the U.S. subsidiary as seller (and not its Australian parent company)
(Domestic) law applied in addition
Uniform Commercial Code (UCC)
Key CISG provisions interpreted and applied
Art. 10
Key CISG provisions applied
Art. 1(1)(a)
This decision cites the following other CISG-online case 1
Asante Technologies, Inc. v. PMC-Sierra, Inc.
U.S. District Court for the Northern District of California
USA, 30 July 2001 – C 01-20230 JW, CISG-online 616
Decision published in 2
19 Massachusetts Law Reporter (Mass. L. Rptr.) (2005), 139
Westlaw (WL) (2005), 705107
CLOUT number
698
Case identifier in the old Albert H. Kritzer Database
050228u1
Comment on this decision 1
Marcia J. Staff, 'United Nations Convention on Contracts for the International Sale of Goods: Lessons Learned from Five Years of Cases', 6 South Carolina Journal of International Law and Business (S.C. J. Int'l L. & Bus.) (2009), 1–52, at 46 [– in English]  
Full text and abstract of decision 2
Abstract of decision
CLOUT Abstract 698 (Language: English)
Full text of decision
Original language: English