Jur.fak. - Spesialfag

QUESTION 1

Your client, BioMedTech AS is a Norwegian biomedicine-technology company that produces electronical equipment that can be used to diagnose a certain type of medical disease in its early phases and thereby enable a proactive treatment of patients. The newest equipment system, BioAnalysis, consists of BioPanel-test panels, BioReader-instrument and BioSoft-software. The BioPanels that determine biomedical information from serum samples are based on microplates produced by an American company BioCirc Corp. The biomedical data from the BioPanels is read with help of the electronical BioReader-instrument and analysed with help of a BioSoft-software that also prints out recommendations for the eventual treatment of the patient. The BioReader-instrument can be used for reading most types of microplates available on the market but the BioPanels and BioSoft can only be used with the BioReader-instruments. Proper training for the use of BioPanel, BioReader and BioSoft is recommended before the equipment system can be efficiently operated, which training can be provided by a Norwegian company BioTechTraining AS, a Norwegian daughter-company to the BioMedTech AS.

During the past four months, the BioMedTech AS have been engaged in contract negotiations for the sale of BioAnalysis-system equipment to the local government of Wales. The negotiations have succeeded to the point where the parties agree to the number of BioReader units with BioSoft-software to be sold (10) and the price to be paid (23000 NOK per unit) for those products. BioMedTech AS is to deliver the BioReader units as well as 100 units of BioPanels by 01.08.2003 for the price of 1200 NOK per unit. Thereafter, BioMedTech AS is to supply BioPanels by monthly installments, 100 units per an instalment, during the next four years. The local government of Wales has asked BioMedTech AS to present a draft of the contract. They insist that the BioMedTech AS must provide also the training needed to operate the equipment.

BioMedTech AS has turned to you to consult you on the eventual legal perspectives to their potential deal and to prepare a draft of the contract with the local government of Wales. They want you to formulate the contract concerning the sale of both the equipment system and the training needed to operate it since they have been in contact with BioTechTraining AS and find the option to be able to provide a total solution to their potential client as an exiting opportunity.

Provide a draft for the contract and advice the BioMedTech AS of the problems that they need to regulate with help of contract terms and explain the solutions to those problems that you propose.

QUESTION 2

Discuss the duty to co-operate in international commercial contracts.

Course Syllabus 2003

Go to exam 2002