Zywiec also argues that as a treaty the CISG should be treated as the "supreme Law of the Land" and must preempt state law when a conflict exists.
Zywiec argues that (1) Stawski made repeated late payments to Zywiec, which is a ground for termination under the IBIFDA without notice or an opportunity to cure, 815 ILCS 720/3(3)(A) and (2) Stawski violated the marketing provisions of the Import Agreement and failed to market Zywiec as a premium import.
Zywiec's response to Generac is its argument that the court's analysis in that case was limited to the WFDL and no court has applied the Generac case to an Illinois statute.
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