The article centers on the rules on the limitation of liability in the general conditions ECE 188 and Orgalime S 2000. ECE 188 differ considerably from S 2000, as the provisions in ECE 188 do not give the necessary consideration to the development in industry practices and legal rules, including the approximation and harmonization of legal systems that have taken place during the last 50 years. S 2000 reflects an international trend that increasingly recognizes the importance of striking a balance between the interests of the parties. However, in practice the parties often derogate considerably from various individual provisions contained in the general conditions - for example limitation of the right to require repair and further limitation of liability. If this is not motivated by the circumstances surrounding the particular contract, the parties risk creating imbalances in the otherwise well-balanced system with the result that the seller may end up being fully liable for any loss suffered. This is clearly reflected in national case law. International general conditions such as ECE 188 and Orgalime S 2000 should be applied with great caution, so that the parties avoid the pitfalls illustrated in the article.
Ikke Angivet, 2008
Standarder; ECE 188; Orgalime S 2000; Standards
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