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CISG-online 3046
Jurisdiction USA
Tribunal U.S. District Court for the District of Minnesota
Claimant Target Corporation (seller)
Respondent JJS Developments LTD operating as ERS International (buyer)
Date of decision 09-Feb-2018
Case no./Docket no. 16-cv-1184 (JNE/TNL)
Seller's country USA
Buyer's country Canada
Goods involved Returned, damaged or defective televisions (Zurückgegebene oder beschädigte Fernseher)
Application of the CISG No, Art. 1(1) (domestic contract)
Key CISG provisions cited and discussed Art. 10(a)
CISG provisions also cited Art. 1(1)
CISG provisions discussed, but not in fact cited
Decision published in
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history

Text of decision Click here
Comments on decision The present decision concerns a dispute between Target, a major U.S. supermarket chain, and ERS, a company in the business of asset disposition services, about the sale of damaged or returned televisions by Target to ERS. Although the contract between the parties contained a Canadian business address for ERS, the court found that ERS's relevant "place of business" under Art. 10(a) CISG was in Indianapolis (U.S.A.), where ERS maintained a facility and infrastructure for transport, inspection, repair and repackaging, disassembly and recycling, rerouting and disposal of TVs and other electronic products. Accordingly, the contractual relationship was a domestic one between two parties with their places of business in the U.S.A., and the CISG did not apply (Art. 1(1) CISG: "This Convention applies to contracts of sale of goods between parties whose places of business are in different States...").

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