Abstract
An Italian company orders some chemical products by phone from a German supplier on the 12 of December 2001. On the 18th of December, a confirmation by fax of the order is sent by the Italian company to the German supplier. The purchase order specifies that the product must be in the granular version (specific chemical characteristics).
On the 13 of December, the German company sends one part of the order (the quantity left in their stock of products not granular but liquid). Ten days after, around the 24 of December, the German company sends the other part of the order and delivers the same products as in the first shipment.
Explain the validity of the contract. What can the buyer do?
I) Identification of the legal problems
The first problem is that the products sent by the German supplier do not respect the specific characteristics that is to say the granular version of the products, whereas the purchase order specifies that the product must be in that specific chemical characteristics (in the granular version).
