The provision also permits the rebuttal of the presumption if there is any indication to the contrary. This article is inspired by Art. The rule has the necessary flexibility to meet the needs of international trade. According to para. A, a firm specialised in express mailing throughout the world, receives from B a parcel to be delivered as soon as possible from France to the United States.
Nothing is said as to the price.
A should bill B with the price usually charged in the sector for such a service. The next order which A receives from B is one to deliver another parcel as soon as possible to Antarctica where a team of explorers is in need of urgent supplies. In some cases the contract expressly provides that the price will be determined by one of the parties. This happens frequently in several sectors, for example the supply of services. The price cannot easily be determined in advance, and the performing party is in the best position to place a value on what it has done.