I export enterprises in accordance with a French inquiry, offer to sell certain goods, limited to the other party within 5 days to the validity of the resumption. The French businessman sent a telegra
I export enterprises in accordance with a French inquiry, offer to sell certain goods, limited to the other party within 5 days to the validity of the resumption. The French businessman sent a telegram on the 4th to indicate acceptance.
(1) China and France are both contracting parties to the United Nations Convention on Contracts for the International Sale of Goods, and neither party has excluded or made any reservation in this regard, so the Convention is applicable to this case; (2) Article 21, paragraph 2, of the Convention stipulates that, if the letter or writing containing the late acceptance shows that, in accordance with the circumstances of the despatch at the time, it could have reached the offeror in time, provided that it was properly communicated, the late acceptance shall be valid. be valid unless the offeror informs the offeree orally or in writing without delay that it considers its offer to have lapsed as a result of the late acceptance. Accordingly, we shall consider the contract not concluded if we reject the late acceptance immediately upon receipt of the call. However, if we do not reject it after receiving the call, the contract shall be deemed to have been validly concluded.