• Title/Summary/Keyword: Price Reduction

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A Study on Price Reduction under CISG and Issues

  • HAN, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.45-62
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    • 2016
  • Price reduction under CISG Art. 50 is advantageous to a buyer because it is a self-help remedy to the buyer. It is the buyer that has the option and the power to reduce the price paid or to be paid to the seller. Price reduction is indispensable in such cases where the seller is relieved of liability. In such cases the remedy of price reduction is the only one giving the buyer monetary relief. Another special role of price reduction is to determine how much the buyer owes the seller for non-conforming goods when special circumstances relieve the seller of liability for damages. In any event, price reduction has been designed both as an alternative to damages and for cases where the non-performing party is excused from liability for damages. The price reduction remedy however leaves several issues for clarification and application in several respects.

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A Study on CIETEC Arbitration Case for the Relationship between Damages and Reduction under CISG (CISG상 손해배상과 대금감액의 관계에 관한 중국 CIETAC의 중재사례 연구)

  • Song, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.133-158
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    • 2011
  • The purpose of this study is to analyze one of CIETEC(China International Economic and Trade Arbitration Commission) Award on the dispute arising from Cotton Sale Contact which deals with damages and reduction of the price. Especially this case focused on the effect of reduction of the price to damages. The purpose of damages is to place the aggrieved party in as good a position as if the other party had properly performed the contract. So court costs and attorney's fee should be regarded as the loss, because these are caused by consequence of the breach which is recoverable. With the same reason, overpaid taxes should also regard as the loss. It is not impossible, however, to claim both damages and reduction of the price for same loss at the same time. It means buyer could not claim damages for the same loss, once he already claimed reduction of the price. So Korean companies should consider which remedy is proper to himself under the circumstances. He should choose reduction of the price when market price is down. In case of rising market price, he should consider follows: first, it is better to choose damages based on current price(Art.76), if upswing of non-conformity price is higher then upswing of market price. Second, it is better to choose general rule for measuring damages(Art.74), if upswing of market price is higher then upswing of non-conformity price.

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Extracting Priorities of Price Reduction for Military Supplies using AHP Analysis (AHP 분석을 통한 군수품 장비류 감액 중요도 산출)

  • Seo, Sangwon;Heo, Hwaman;Jang, Bongki;Hwang, Wooyull;Jung, Ilho
    • Journal of Korean Society for Quality Management
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    • v.44 no.3
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    • pp.473-486
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    • 2016
  • Purpose: Although the price reduction policy is established for military supplies, it is more focused on general military items. Therefore, it is hard to apply the current price reduction policy directly to the major weapon system. The purpose of this study is to develop an evaluation model which generates appropriate outputs for price reduction of military supplies. Methods: To improve the current policy, we first analyze the relevant policies of price reduction of similar organizations. We gather the opinions of related organization through survey including DAPA, Logistics Command, DTaQ and Defense industry companies. Then, we develop a price reduction model based on the analytic hierarchical process(AHP) method to find out important factors for price reduction. Results: The results of AHP analysis show that the important factors when applying price reduction of military supplies. From the analysis, the proposed method effectively generates the amounts of price reduction for the nonconformance items. Conclusion: The results of this research will be used as guidelines to improve military supplies policy of price reduction.

A Problem on the Election of Remedies for the Aggrieved Party under the CISG (CISG에서의 피해당사자(被害當事者)의 구제방안(救濟方案) 선택문제(選擇問題) - 대금감액(代金減額)과 손해배상제도(損害賠償制度)를 중심(中心)으로 -)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.201-225
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    • 1999
  • This article is focused on the review of price reduction and measuring damages under the CISG together with the law relating to sale of goods in main countries when the goods delivered did not conform with the contract. And also reviewed on the election of remedies for the aggrieved party, that is, which one between the two remedies would provide more compensation for the non-conformity. This article can be summarized as below. 1. Price reduction has its principal significance when the buyer accepts non-conforming goods and plays important role only when the seller is not liable for the non-conformity because the same price reduction formula applies for all circumstances. Of course, the buyer must bear any further damages, such as shutdown expenses and other consequential damages. 2. If the seller is liable for the damages and the price level rises, the buyer normally will claim damages since this approach is much more favorable result than price reduction. 3. In case the seller is liable for the damages and the buyer suffers no consequential damages, if the price level falls, price reduction would provide more compensation for the non-conformity than would damages and if there is no change in the market level, the allowance for defects in the goods will be normally the same under the price reduction and damages. By the way, In case the seller is liable for the damages and the buyer suffers consequential damages, it is desired that the buyer firstly elect the price reduction and later seeks to claim for consequential losses when the price level falls and unchanged.

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Apparel Purchase Intention as Determined by Price Reduction in the Internet Shopping Mall (가격할인이 인터넷 쇼핑몰에서의 의류 구매의도 및 태도에 미치는 영향)

  • 신상무;조정민
    • Journal of the Korean Society of Clothing and Textiles
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    • v.26 no.8
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    • pp.1239-1247
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    • 2002
  • Consumers' purchase intention related with price reduction is important factor for the successful marketing strategy of electronic commerce as a new marketing channel. Therefore, the purpose of this study was to assess the difference of consumers' attitude(purchasability and perceived need) depending upon purchasing variables, and to investigate how consumers' attitude influence on purchase intention with price reduction in the internet shopping mal1. For research method, 400 questionnaires were distributed to subjects who were 20 to 39 years old; and among the returned questionnaires 347 were usable. Data were analyzed by t-test, regression analysis, frequency with SPSS 10.0. Results of this study were as follows: First the results showed that purchasability and Perceived need affect Purchase intention according to off-price percentage, and brand and clothing style in discount. Second, there were significant differences in purchasability, and perceived need according to off-price percentage, and brand in discounts. However, there were no significant differences in purchasability and perceived need according to clothing style in discounts.

The Relationships of Shopping Orientation, Price Perception, and Purchase Satisfaction of Internet Buying Agent Service Users (대행 인터넷 쇼핑몰 이용자의 쇼핑성향, 가격지각, 구매만족도에 관한 연구)

  • Kim, Sung-Hee;Park, Kwang-Hee
    • Fashion & Textile Research Journal
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    • v.12 no.4
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    • pp.450-458
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    • 2010
  • The purpose of this study was to investigate the effect of shopping orientation on price perception and the effect of shopping orientation and price perception on purchase satisfaction. This study administered a questionnaire survey to adults in their 20s and 30s who had once purchased fashion products in surrogate internet shopping malls. Among 327 questionnaires, 263 were collected through convenience sampling and 94 were collected from six internet communities. Data were analyzed by factor analyses and regression analyses. The results of this study are as follows. First, factor analysis of price perception revealed that two factors such as price reasonability and price reduction were extracted and the mean of price reduction was higher than one of price reasonability. Second, factor analysis of purchase satisfaction extracted four factors such as service quality, shopping convenience, product scarcity and product variety/price satisfaction. Mean comparisons showed that the mean of product scarcity was the highest among four factors. Third, regression analyses that recreational, economic, and convenience shopping orientation affected price reduction, a factor of price perception. Fourth, regression analyses showed that shopping orientations and the price perception had significant effects on the purchase satisfaction.

Modeling the Price-Reduction Effect in Mobile Telecommunications Traffic

  • Cha Kyoung Cheon;Jun Duk Bin;Wilson Amy R.
    • Proceedings of the Korean Operations and Management Science Society Conference
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    • 2004.10a
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    • pp.289-303
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    • 2004
  • As needs for telecommunications services diversify, an increasingly wide range of telecommunications services is becoming available in the market. Any subscriber can find a service to satisfy his/her telecommunication requirements and competition between providers to retain heavy users is increasing. Service price reductions are one retention strategy, although price reductions for one service can affect the individual-level usage for other services. Price reductions can also be imposed on a service provider by regulation. For these reasons, understanding how price reductions affect service usage is of growing importance to the telecommunications industry for purposes of pricing and tariff development. In this paper, we develop an individual-level usage model for telecommunications services and analyze the effects on usage of a price reduction. We apply the model to age-stratified aggregate traffic data for a Korean mobile telecommunication service provider. Finally, we develop a model to support a market segmentation and price reduction strategy.

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A Study on the Buyer's Right of Reducing the Price in International Sale of Goods (국제물품매매에서 매수인의 대금감액권에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.37-58
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    • 2016
  • CISG Article 50 contains the remedy of price reduction but limits it if the seller has a right to cure. Reduction of price presupposes that the seller delivers non-conforming goods, and that the buyer decides to accept them nevertheless. The remedy of price reduction differs from all other remedies provided in CISG with regard to it effects and to the time-limits. As to the time-limits, unlike Articles 46 and 49, Article 50 does not contain the element within a reasonable time. CISG imposes no period of time for his reducing the price. The buyer's right to declare a reduction of the price is expressly subject to the seller's right to remedy any failure to perform his obligations pursuant to Articles 37 and 48. The problem lies in determining from where to take the figures for comparing the value of the goods contracted and of those delivered. The price level in this place will usually determine his considerations as to resale or repair of the defective goods. The buyer must examine the goods, or cause them to be examined, within, as short a period as is practicable in the circumstances. The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

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Temporal Price Reduction as Cooperative Price Discrimination (협력적 가격차별 수단으로서의 일시적 가격할인)

  • Song, Jae-Do
    • Asia Marketing Journal
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    • v.12 no.2
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    • pp.135-154
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    • 2010
  • This paper considers a duopoly where switching costs exist. The analysis proves that temporal price reductions can be pure strategy equilibrium where firms earn more profit than in a regular price strategy. Greater profits result from price discrimination in temporal price reductions. The equilibrium is contrasted with previous studies, which explain temporal price reductions as a result of mixed strategy. In a given model with an assumption about forming switching cost, firms can control their range of loyal consumers by properly setting their regular and promotional prices. The model shows that temporal price reduction tends to raise the regular price and decrease the range of loyal consumers.

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An Analysis on Power Demand Reduction Effects of Demand Response Systems in the Smart Grid Environment in Korea

  • Won, Jong-Ryul;Song, Kyung-Bin
    • Journal of Electrical Engineering and Technology
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    • v.8 no.6
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    • pp.1296-1304
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    • 2013
  • This study performed an analysis on power demand reduction effects exhibited by demand response programs, which are advanced from traditional demand-side management programs, in the smart grid environment. The target demand response systems for the analysis included incentive-based load control systems (2 month-ahead demand control system, 1~5 days ahead demand control system, and demand bidding system), which are currently implemented in Korea, and price-based demand response systems (mainly critical peak pricing system or real-time pricing system, currently not implemented, but representative demand response systems). Firstly, the status of the above systems at home and abroad was briefly examined. Next, energy saving effects and peak demand reduction effects of implementing the critical peak or real-time pricing systems, which are price-based demand response systems, and the existing incentive-based load control systems were estimated.