PRIME START LTD., a British Virgin Islands corporation, Plaintiff, v. MAHER FOREST PRODUCTS LTD., a Washington corporation; PACIFIC LUMBER INSPECTION BUREAU, a Washington corporation, Defendants; MAHER FOREST PRODUCTS LTD., a Washington corporation, Counterclaimant, v. PRIME START LTD., a British Virgin Islands corporation, Counterdefendant., 442 F. Supp. 2d 1113

Summary

The supplier was a British Virgin Islands corporation, while both defendants were Washington corporations. Because not all parties were from countries that signed the United Nations Convention on Contracts for the International Sale of Goods (CISG), Apr. 11, 1980, S. Treaty Doc. No. 98-9 (1983), U.N. Doc. No. A/CONF. 97/19 (1981), 19 I.L.M. 671 (1980) (reprinted at 15 U.S.C.S. app.), the CISG did not apply to the dispute. The court found that the parties have acquiesced in the application of Washington law to their dispute, because both sides have either relied on or tacitly approved of reliance on Washington law. The court found that the supplier had raised a genuine issue of fact as to whether a reinspection rule was actually incorporated into the contract; accordingly, the court could not find as a matter of law that the supplier failed to follow that rule's reinspection procedures. While not conclusive as to the question of the existence of oral terms regarding stain application ...