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Halex Select 6 Player Croquet Set in Deluxe Carry Case List Price: $34.99 Sale Price: $30.72 Average Rating:   |
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Perfect for family gatherings and backyard fun, the Halex Select 6-Player Croquet set includes everying you need for friendly competition. It includes six 24-inch hardwoord handles, six 7-inch mallets with caps, two stakes, nine wickets, and six balls... |
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Trademark Global Complete Croquet Set with Carrying Case List Price: $89.99 Sale Price: $41.19 Average Rating:  |
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Get out and enjoy the beautiful weather with this handy croquet set! Perfect for your next BBQ, picnic, party, or reunion. A great way to get family and friends together for endless fun. |
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NEW MAH JONG FULL SET in VINYL CASE TRAVEL MAH JONGG List Price: $39.99 Sale Price: $22.19 Average Rating: |
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This set includes: 4 - 14" racks (does not include money holders) 164 tiles (Tiles are about the same thickness and size as Rummy Q tiles) Approximate tile size: 1" wide x 1 1/2" tall x 1/8" thick Chips Bettor Dice Instruction Booklet All in a Brown Vinyl Case Approximate case size: 16" x 8" x 2" |
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Halex Premier 6 Player Croquet Set in Molded Carry Case List Price: $59.99 Sale Price: $36.49 Average Rating:  |
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Halex Premier Croquet 6 Player Set includes 6-28" Hardwood Handles and 8" Mallets with decals and caps, 2-24" stakes, 9 wickets and 6 - 3" polymer balls. Keep all in a molded carry case for mobility to and from the game. |
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Mighty Beanz 2010 Star Wars Tin Set Carry Case Includes 2 Exclusive Beanz! Sale Price: $24.48 |
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New 2010 Mighty Beanz Star Wars Darth Vader Tin Case. This Collectible Tin Case Stores Up To 40 Of Your Favorite Beans. Two (2) Exclusive Star Wars Mighty Beanz Are Included. Mighty Beanz Are a Collector's Dream - With Over 100 To Collect, Including Music Beanz, Zoo Beanz, Horror Beanz, Sport Beanz and More, There's A Bean for Everyone's Taste... |
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Iwako Japanese Eraser Set Animals and Sea Life Erasers (Yellow Case) Sale Price: $8.99 |
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Eraser set includes a variety of 7 animal shaped erasers. Words fail to describe how agonizingly cute these Japanese erasers are. How can your pencil box ever be the same without a friendly panda waiting inside?! Made of soft eraser rubber, these pieces are FUNCTIONAL as well as adorable. |
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Thomas Train Case List Price: $15.99 Sale Price: $12.74 Average Rating: |
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Thomas fans will have fun organizing their trains with this carrying case made of sturdy tin by Schylling. The 13.25-by-10-by-1.75-inch blue case has a colorful picture of Thomas the Tank Engine on the front with additional images of his train friends Percy, James, and Henry on the inside... |
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Halex Select 6 Player Croquet Set in Deluxe Carry Case List Price: $41.99 Sale Price: $37.99 Average Rating: |
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Halex Select 6 Player Croquet Set, to include 6 26" Hardwood Handles and 7" Mallets with caps, 2 stakes, 9 wickets and 6 balls. All kept in a deluxe carry bag for your organization and mobility use.. |
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Copag Plastic Cards Leather Case Set 1546 Black/Gold Poker, Regular Index Sale Price: $25.95 |
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With this set of cards you will receive a high quality synthetic leather storage case. The Copag logo appears on the top of the case. This case fits wide poker size and narrow bridge size cards. Your Copag Cards are an investment... |
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Gamenamics Bocce 90mm with Wheeled Carry Case List Price: $99.99 Sale Price: $89.99 |
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Eight Polymer Composite 90 mm diameter balls, 2-red, 2-green, 2-blue, and 2-yellow. One white, plastic pallino ball 40 mm diameter. Case is designed to stand upright or lay flat for easy and convenient storage... |
The court: A claim that the goods don't match the order won't be accepted without sufficient proof
Recently, a decision was given by the Magistrate's Court of Tel Aviv discussing an action for discrepancies in supply of foreign merchandise.
The case involved a company dealing with tiling services ("the company") that ordered stones and marble for tiling and whitewashing. The company claimed that the supplier supplied it with stones that were faulty and which did not match the order. Inter alia, the company claimed that it was supplied with stones that were unpolished, broken, or not in the correct sizes. Additionally, the company claimed that some of the merchandise was supplied with items missing. On the other end, the supplier claimed that he supplied the stones as ordered and the damages, if they existed, were the fault of the company and due to its negligence.
The court found that the stones did, in fact, reach the warehouses of the company while suffering from discrepancies as compared to the order, but the company did not meet the required burden of proving what were the exact discrepancies and their quantity. Thus, for example, the company did not prove what was the number of broken stones and what was the cause of the discrepancy.
Similarly, the court ruled that the company did not meet the burden of proof that the alleged breakages were caused due to the omissions of the supplier and not because of its own omissions during unloading, shipping, and storing. This, inter alia, in light of the fact that this was an order of the CIF type, which reaches up to the port, and the buyer is responsible for the release of the goods and their transportation, and, accordingly, the company should have proven that these damages did not occur during the process of release of during shipping. According to the supplier, the company could not meet this burden of proof in light of the fact that it did not perform an inspection on the goods when they reached the port and did not notify about the discrepancy before the goods were released from the port.
The court also noted that the company did not bother calling necessary parties to testify that could have collaborated its version regarding the flaws in the stones and their condition upon release from customs.
Decision: civil case 41486-06 Sabar Stone Ltd. v Quantum R. E. Company Ltd. For the company Adv. Nimrod Shmuel Arav; for the supplier Adv. Oran Tavor.
Examining this decision shows that it gave no consideration to the most significant paragraphs in the Law of Sales (International Sale of Goods), 1999. When there are two sides located in two different countries, the Law of International Sale of Goods generally applies. This is a law built upon the UN convention on this subject, intended to supply stability, security, and certainty in international trade.
The Law of International Sale of Goods sets a number of requirements that the importer must meet in order to rely upon the claim of discrepancy of merchandise. Thus, for example, paragraph 38 to the law states that the buyer must check the goods or ensure that they are checked, within as short a period as possible under the circumstances; paragraph 39 states that if the importer discovers that there is a discrepancy in the products, he has the duty to inform the exporter within a reasonable period of time with a notice that specifies the nature of the discrepancy. This requirement, in effect, makes the claim of discrepancy irrelevant if the importer did not inform the exporter within a reasonable period of time.
For more information on the Law of International Sale of Goods, see the article of Adv. Gill Nadel: "Importer! If you didn't give notice of a flaw in the goods in time- you won't be able to sue the exporter", published here: http://www.nadel-law.co.il/Index.asp?ArticleID=1382&CategoryID=88&Page=1
About the Author
Gill Nadel - Born in Israel in 1969, graduated from Bar Ilan University`s Faculty of Law (cum laude) and from the Department of Musicology. He also has a master`s degree in law from the same institution. Member of the Israel Bar since 1999. Speaks Hebrew, English and Polish. Fields of expertise: Commercial and Business Law, International Trade Law, Import and Export Law, Intellectual Property Law, Maritime and International Forwarding Law, Litigation and Court Representation. Adv. Nadel serves as a teaching assistant of Dr Arie Reich of Bar Ilan University, an international trade law specialist. Adv. Nadel provides lectures on international trade law and import and export law to in courses organized by the Bar Ilan University Center for Commercial Law, Israel Bar, Israel Chambers of Commerce, Manufacturers Association of Israel, Israel Export Institute, Customs Brokers Association, International Forwarders, and more.
Future Astros set for Round Rock finale
Future Astros set for Round Rock finale