Case number: 24
Article number: sales convention / 8(3)
Thessaurs issue:
Country of decision: United States of America
Year of decision: 1993
Type of decision: Judicial decision

Case 24: CISG 8(3)
United States: U.S. Court of Appeals for the Fifth Circuit 15 June 1993
Beijing Metals & Minerals Import/Export Corporation v. American Business Center, Inc., et. al. Published in English: 993
Federal Reports 2d 1178 (1993); reproduced in 1993 U.S. App. Lexis 14211

A Chinese manufacturer and a U.S. importer agreed to develop the North American market for the manufacturer's weight
lifting equipment. Following a dispute, the parties concluded a modified payment agreement in writing. When the Chinese
manufacturer sought to enforce the payment agreement, the U.S. importer raised defences under alleged contemporaneous
oral agreements with respect to the manufacturer's supply obligations. The lower court excluded the testimony about oral
agreements under the state's "parol evidence" rule.

The appellate court declines to resolve the dispute about whether CISG or state law applies to the parties' contract because it
concludes that to do so would be unnecessary to its decision. Nevertheless, the court states expressly that the parol evidence
rule "applies regardless" of whether CISG applies or not.