lawpalyer logo
in判決書

臺灣高等法院95年度上更(一)字第64號

關鍵資訊

       95()64           9118691911901815   612 899 20135027000 00000000000 26No.629/KDTV 105021525 60218361No.529/K DTV No.64 2/KDTV56216210使 216210使調調899 2691220 83842021 11912023127128 貿貿貿貿貿貿貿貿貿SHIPPING DOCUMENTS貿貿L/C 貿SALES CONTRACT901181543貿 INVOICE 42調貿貿貿調調L/C 貿調調貿調貿貿調調調調調調45sales contract貿3 Article 3By T T.R after receiving the documentary certifications Accepted documentaryCommercialInvoice,Packinglist phytosanitary certificate 20009125調調調90724 退1872 133134退Vietnam Trading and Civil Engineering Construction Corporationphytosanitary certificate 調調 1543011 使調691531308164086764986 161 1611163 使使使調234 163調 調調1 調調2調 3 15913 15941591595 3 1415DHL 4344896338266007319807560 45547300000000705貿 266 10161218西90181530 VIETNAM TRADING AND CIVIL ENGINEERING CONSTRUCTON CORPORATIONVIETRACIMEXLANGSON BRANCH BILL OF LADINGINVOICEPACKINGSALES CONTRACT- PHYTOSANITARY CERTIFICATECERTIFICATE OF ORIGIN90 18159438SALES CONTRACTDANG VAN TUAIV38DHL 4147 DHL SALES CONTRACT4336SALES CONTRACTDHL SALES CONTRACT47DHL SALES CONTRACTDANG VAN TUAIV 貿貿5002-201l 500500500 貿Telex 貿貿 Uniform Commercial Code-Article2 PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT Table of Contents §2-201.Formal RequirementsStatute of Frauds. Excep as otherwise provided in this section a contractfor the sale of goods for the price of $500 or more isnot enforceable by way of action or defense unless there is some writing sufficient to indicate that contract for sale has been made between the parties and signed by the party against whom enforcement is soughtor by his authorized agent or broker. A writing is notinsufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. Between merchants if within a reasonable time a writing in confirmation of the contract and sufficientagainst the sender is received and the party receivingit has reason to know its contents,it satisfies the requirements of subsection against such party unless written notice of objection to its contents is given within lO days after it is received A contract which does not satisfy the requirements of subsectionbut which is valid in other respects is enforceable (a)if the goods are to be specially manufactured for thebuyer and are not suiable for sale to others in the ordinary course of the sellers business and the seller before noice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurementor (b)if the party against whom enforcement is sought admits in his pleading,testimony or otherwise in court that a contract for sale was made,but the contract is not under this provision beyond the enforceable quantity of goods admittedor (c)with respect to goods for which payment has been madeand accepted or which have been received and acceptedSec.2-606. 899 89920 1350270000000000000041319223347 83 84949813 89926 No.629/KDTV 899 105021525 60218361No.529/KDTVNo.64 2/KDTV 89926 91220 8384209394 23127 調調89916 NO.62 9/KDTV便23使 (使917543197 19790 915 使使8944641961使使使2 使使使使使 261 835901831926使794692NO.592/KDTVNO.624/KDTV 31374691 調調89920 AA/BC/89 /WA98/9025NO.629/ KDTV21 調1525BC/89/WA16/101183BC/89/WB9 9/801184NO.592 /KDTVNO.642/KDTV119120 使使貿貿調793447629.592.62483 1926 592.624 使629 調調調1525 (592.642119120 使調93464086891 9128調9316465185161113955 () 調125 36使 使DANG VAN TUAIVSALES CONTRACTDANG VAN TUAIV38貿貿 368 祿         95    3    21                 95    3     21