Ontario Superior Court of Justice, 31 August 1999,
CISG-online 433

For a summary of the facts see C 1-1 above.


(5) At first, shipments were sent on a C.O.D. [Collect on Delivery] basis, followed by a requirement that payment be made within 30 days. Over the years, payments were not necessarily made within the 30 day period, but were made more or less currently until 1995. When an order was placed, it was understood by both parties that the amount shipped might vary above or below the ordered amount by up to 10%. There was no requirement that a specified quantity need be purchased at any time, except with respect to certain items made specially for Forti Moulding, where there were some minimum amounts that had to be ordered at one time.





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