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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Stefan Kröll Article 18 Commercial Invoice S. 1466-1468

„… Article 18 Commercial Invoice a. A commercial invoice: i. must appear to have been issued by the …” „… bank may accept a commercial invoice issued for an amount in excess of the amount permitted by the …” „… goods, services or performance in a commercial invoice must correspond with that appearing in the credit …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… of the invoice or an equivalent request for payment; (ii) where the date of the receipt of the …” „… invoice or the equivalent request for payment is uncertain, 30 calendar days after the date of receipt of …” „… the goods or services; (iii) where the debtor receives the invoice or the equivalent request for …”

Martin Schauer, Magdalena Gruber Article 4 Transactions between undertakings and public authorities S. 1334-1338

„… receipt by the debtor of the invoice or an equivalent request for payment; (ii) where the date of receipt …” „… of the invoice or the equivalent request for payment is uncertain, 30 calendar days after the date of …” „… the receipt of the goods or services; (iii) where the debtor receives the invoice or the equivalent …”

Stefan Kröll Article 14 Standard for Examination of Documents S. 1451-1455

„… document or the credit. e. In documents other than the commercial invoice, the description of the goods …” „… document or commercial invoice, without stipulating by whom the document is to be issued or its data …” „… notions of data and what constitutes a conflict. For example, a commercial invoice is acceptable if the …”

Stefan Kröll Article 38 Transferable Credits S. 1499-1503

„… the invoice, such requirement must be reflected in the transferred credit. h. The first beneficiary …” „… has the right to substitute its own invoice and draft, if any, for those of a second beneficiary for …” „… beneficiary can draw under the credit for the difference, if any, between its invoice and the invoice of a …”

Petra Butler Article 60 CISG S. 289-291

„… the delivery or by sending an invoice.6 Party agreement7 or trade usages and practices often determine …” „… that payment is only due after the seller sent the invoice.8 The Incoterms®, for example, under A 1 …” „… envisage that the seller has to invoice the buyer before the buyer has to pay the purchase price.9 Whether …”

Martin Schauer, Magdalena Gruber Article 6 Compensation for recovery costs S. 1340-1341

„… fixed sum of EUR 40 is designed to grant refunds for each unpaid invoice. If the creditor listed …” „… transactions on different invoices, even if the claims revolve around one debtor, the creditor will be entitled …” „… to a separate fixed amount of EUR 40 per invoice.9 This might open up leeway for malpractice, as a …”

Stefan Kröll Article 28 Insurance Document and Coverage S. 1486-1488

„… coverage to be for a percentage of the value of the goods, of the invoice value or similar is deemed to be …” „… gross value of the goods as shown on the invoice, whichever is greater. iii. The insurance document must …” „… cover either directly or by reference to a percentage of the value of the goods or the invoice value …”

Petra Butler Article 58 CISG S. 285-287

„… by the debtor of the invoice or an equivalent request for payment, or if the debtor receives the …” „… invoice or the equivalent request for payment earlier than the goods, 30 days after the receipt of the 1 …” „… be issued an invoice.22 In some cases corrections in regard to the timing have to be made (as …”

Eckart J. Brödermann Article 6.1.8 (Payment by funds transfer) S. 608

„… specific account with a special financial institution (bank), e.g. on the invoice.2 Otherwise the obligor …” „… reliance on the account number on an old invoice by the obligor would not suffice, BGH 17 March 2004 (II ZR …”

Martin Schauer, Magdalena Gruber Article 1 Subject matter and scope S. 1307-1310

„… pay the invoice. The term for payment is usually agreed between the parties in the contract, set out …” „… in the invoice or laid down by law.1 In the commercial environment, however, many payments are …” „… that invoices are paid within one month in order to ease liquidity constraints.12 ‘Small and …”

Stefan Kröll Article 19 Transport Document Covering at Least Two Different Modes of Transport S. 1469-1473

„… with which the description of the goods in an invoice has to comply. It is higher than that for the …” „… ” they must be described in the invoice in a way “which must correspond with that appearing in the credit …” „… invoice for an amount in excess of the credit. Article 19 Transport Document Covering at Least Two …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… period of payment, including the applicable taxes, duties, levies or charges specified in the invoice or …” „… person acting under his trading or professional name or the issue of an invoice, can indicate that the …” „… principal amount, but comprises taxes, duties, levies and charges specified in the invoice,56 always …”

Peter Mankowski Article 9 CISG S. 47-50

„… Bestätigungsschreiben;24 silence over a pro forma invoice.25 Article 9 CISG (1) The parties are bound by any usage to …” „… evidenced and proved by presentation of respective e-mails or invoices.14 To the mere existence of a usage …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… the goods and the commercial invoice in conformity with the contract of sale and any other evidence of …” „… invoice and any other evidence of conformity. In B1 the Incoterms® state that the buyer must pay the …” „… the contract of sale or the substantive law applicable to the contract.57 II. Commercial invoice. The …”

Article 5 Payment schedules S. 1339

„… invoice is valid and triggers the payment period; moreover, it does not entitle the debtor to …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… Convention Intro 16 Commercial invoice UCP 18 1 et seqq. Commercial law – circumscription Intro 2, 3 …” „… . – C-group Incoterms® 23 – CIF Incoterms® 318 et seqq. – CIP Incoterms® 287 et seqq. – commercial invoice …” „… . Interruption of business UCP 36 2 et seq. Invalidity Dir. 2011/7/EU 7 20 Invoice Dir. 2011/7/EU 2 16, 3 18 …”

Stefan Kröll Article 1 Application of UCP S. 1420-1421

„… important types of documents used, which are regulated in → Art. 18 et seq. They include commercial invoices …”

Peter Csoklich Article 11 S. 924-925

„… , including customs declarations (such as e.g. invoices, certificates of origin, export- and /or …”

Eckart J. Brödermann Article 2.1.15 (Negotiations in bad faith) S. 515-516

„… Example from practice, experienced in 2014, where the invoice for a broken deal based on § 311 para. 2 …”

Stefan Kröll Article 4 Credits v. Contracts S. 1430-1432

„… integral part of the credit, copies of the underlying contract, proforma invoice and the like. 1 …”

CISG Marco Torsello Article 34 S. 186-189

„… may also include, insurance policies, commercial invoices and certificates of origin, of quality and …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… date,48 dispatching the goods,49 sending the packing list, invoice or other documents to the buyer,50 …” „… , CISG-online 767 (standard terms on invoices); CA Paris, France, 13 December 1995, CISG-online 312 (two weeks …”

Eckart J. Brödermann Article 7.4.9 (Interest for failure to pay money) S. 689-692

„… require to first send an invoice) and the time of payment (→ Arts. 6.1.7 and 6.1.8, in particular 6.1.8(2 …”

Tobias Eckardt Article 23 S. 951-954

„… invoice for the goods is an indication of their value.14 If a sales price should be relevant to determine …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… such as ‘letter of confirmation’ or ‘invoice’ will not preclude classification of a proposal as an …” „… been held to constitute offers.53 A pro-forma invoice is usually an offer,54 as is a buyer’s order …”

Klaus Ramming Article 20 Maximum limits of liability S. 1047-1051

„… the good’s description in the carriers freight invoice may be used to identify the relevant package …”

Stefan Kröll Article 16 Discrepant Documents, Waiver and Notice S. 1457-1463

„… of the UCP considered statements such as “invoice not as per LC” or “conflicting data between …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… March 2009, CISG-online 2165 (requesting an invoice and sending a delivery plan amounted to implied …”

Christoph Brunner, Michael Schifferli Article 35 CISG S. 190-196

„… parties, clean bills of lading, packing lists and invoices. However, inspection certificates loose their …”

Marco Torsello Article 30 CISG S. 156-162

„… this is the case, the seller is bound to hand over the relevant documents (including, e.g., invoices …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… 24 (the acceptance required notice of any complaints to be received within 30 days from the invoice …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… , CISG-online 141 (clear reference to invoice numbers relating to existing contract). 122 Schroeter, Art. 24 …”

Titelei/Inhaltsverzeichnis

doi.org/10.5771/9783845276564

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Joyce M. Thierer

Telling History

2009

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Appendix E. Sample Invoice S. 201-202

„… 201Appendix ESample InvoiceInvoice # [start with 101]Invoice Date: [when you send …”

Ch06. The Business of DoingFreelance HistoricalPerformance S. 103-148

„… addressFeeOur sound system?Location/directions/lodgingAudience informationInvoice #Contract and invoice sent …” „… , including a contract and invoice (unless they have to first checkwith a committee, as is often the case, in …” „… confirmation that the presenter is ready for a contract,write and print the contract and invoice (see …”

Index S. 215-230

„… give the setting, 61, 64invoice(s), 140–41, 175Iowa’s Living History Farms, xv, 22Isern, Tom, xiJackson …”

Preface

„… Clothing 197D Sample Contract 199E Sample Invoice 201F Youth Registration Forms 203G Local Arrangements for …”

Ch08. Dreams and Plans S. 173-192

„… resources about the individualand the historical context;• drafted a contract and invoice for their program …”

doi.org/10.5771/9780759113084

Reiner Schulze - Common European Sales Law (CESL)

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Reiner Schulze (ed.)

Common European Sales Law (CESL)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

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Article 151 Obligation to provide invoice S. 659-661

„… structuring of the provisions in the CESL (P). Article 151 Obligation to provide invoice Where a separate …” „… conclusion of the contract, the service provider must provide the customer with an invoice which explains, in …” „… situations in which the customer is to be provided with an invoice and the content and formal requirements …”

Article 168 Rate of interest and accrual S. 704-708

„… date when the debtor receives the invoice or an equivalent request for payment; or (b) 30 days after …” „… point (a) is earlier or uncertain, or if it is uncertain whether the debtor has received an invoice or …” „… starts running 30 days from the receipt of the invoice (the basic case). The provision also serves to …”

Article 126 Time of payment S. 584-589

„… allowed to withhold payment until provided with an invoice by the seller.1 Many reasons can be given in …” „… support: invoices are required for proper bookkeeping and auditing, in order to prevent embezzlement or …” „… complicated by the fact that the buyer is expressly entitled to demand an invoice for payment of any service …”

Article 170 Unfair contract terms relating to interest for late payment S. 711-715

„… list. Eg, a term providing for a period for payment longer than 60 days from the receipt of an invoice …” „… . Such a reason may be, eg, that the debtor needs more time to verify the invoice due to institutional …” „… days after the debtor has received the invoice or an equivalent request for payment, or, if the receipt …”

Article 166 Interest on late payments S. 692-698

„… contract delivery, receipt of an invoice, or similar.4 The clause ‘payable within 14 days after delivery …” „… and receipt of invoice’ means that interest starts to run on the 15th day after the goods were …” „… delivered and the buyer received an invoice.5 Rules on the computation of time apply accordingly (art 11 …”

Article 152 Obligation to warn of unexpected or uneconomic cost S. 661-664

„… 14 no 5). Therefore, the question is posed of the extent to which a deviation between the invoice and …” „… formal requirements concerning the manner in which the invoice is to be given to the recipient eg on …” „… paper or durable medium. Although the exclusion of an invoice given orally can be inferred from the …”

Article 150 Performance by a third party S. 659

„… structuring of the provisions in the CESL (P). Article 151 Obligation to provide invoice Where a separate …” „… conclusion of the contract, the service provider must provide the customer with an invoice which explains, in …”

Article 149 Obligation to prevent damage S. 657-659

„… invoice Where a separate price is payable for the related service, and the price is not a lump sum agreed …” „… invoice which explains, in a clear and intelligible way, how the price was calculated. Contents A …”

EXPLANATORY MEMORANDUM Explanatory Memorandum S. 788-817

„… – distance contracts 13 18 – invoice 151 4 – pre-contractual information 23 16 – pre-contractual …” „… – interest rate in commercial contracts 168 14 et seq – invoice 168 8 et seq – monetary obligation 166 5 …” „… 10 invoice 126 9 J juridical act intro to arts 30–39 2 jurisdiction – place of payment 125 6 K …”

Article 167 Interest when the debtor is a consumer S. 698-704

„… the invoice or an equivalent request for payment; or (b) 30 days after the date of receipt of the …” „… uncertain, or if it is uncertain whether the debtor has received an invoice or equivalent request for …”

Article 169 Compensation for recovery costs S. 708-711

„… which an invoice is sent, is due and unpaid. If the creditor were to divide the payment obligation with …”

Article 125 Place of payment S. 580-584

„… bank account is only indicated in invoices or other documents which do not form part of the contract. 3 …”

Article 31 Offer S. 221-225

„… statement with the term ‘invoice’ might also constitute an offer.2 The presence of these two elements will …”

Titelei/Inhaltsverzeichnis S. 1-17

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 150 622 Obligation to provide invoice …”

Article 127 Payment by a third party S. 589-595

„… payment will have to yield. D. Criticism It is infelicitous that art 151 contains a rule on invoices for …”

doi.org/10.5771/9783845265469

Dorit Bölsche - Internationales Katastrophenmanagement

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Dorit Bölsche

Internationales Katastrophenmanagement

Series: Weltwirtschaft und internationale Zusammenarbeit

Volume 3 2009

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Spezielle Software für Logistik und SCM im internationalen Katastrophenmanagement S. 304-309

„… Shipping Documents Purchase Invoice Consignment Tracking Feedback Commodity Tracking No.Mobilization Table …” „… Consignment Tracking Inquiry Logistics Requisition for budgetary approval Purchase Order Purchase Invoice …” „… + Invoice, Consignment Tracking Feedback Logistics Requisition Approval Status Soft Pledge Shipping …”

doi.org/10.5771/9783845213101

André Janssen, Hans Schulte-Nölke - Researches in European Private Law and Beyond

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André Janssen (ed.), Hans Schulte-Nölke (ed.)

Researches in European Private Law and Beyond

2020

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Jürgen Basedow Court of Justice ‘light’ – The Procedural Choices of the Court and Their Impact on the Quality of Private Law Decisions – S. 179-192

„… terms were mentioned in the invoices issued in connection with the various specific sales operations …” „… in writing” where a buyer, upon receipt of an invoice referring to such standard terms, effects …” „… payment? The judgment does not indicate whether the Portuguese company paid the invoices; but provided …”

doi.org/10.5771/9783845298467

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