This week: Content of the CISG, obligations of buyer and seller. NB! - Art 6 – “opting out” Check if the company did not exclude the CISG! Articles needed for the assignment:
1. Article 30 CISG: 3 Obligations of the Seller – deliver the goods (most important one), hand over any documents relating to them, transfer the property to customer’s name. Where should it be delivered to?
2. Article 31 CISG: (where?)
* As agreement in the contract;
* Art. 31 b: certain, specific goods (one good can’t be replaced with the same) * Art. 31 c: other goods
Example: Delivery of the goods, where?
Q: A – farmer, Amsterdam. Sells 2 items to company B from Paris, France 1: 10000 kg apples -> 31 c. deliver in Amsterdam
2: Mercedes oldtimer, currently at this moment put away in a garage in Belgium -> certain, specific good. 31 b. Belgium In the contract nothing is said about the place of delivery. 3. Article 33 CISG : (when?)
* As agreed in the contract (most of the time it is in the contract) * Or within a reasonable time
In our contract it is stated that the goods have to be delivered ……………………., so article 33 is delivered. 4. Article 35, CISG: (conformity of the goods)
* The delivered goods must be conform the contract
* If the contract is not fulfilled then we are talking about a breach of contract. 5. Article 38, CISG:
* The buyer must examine the goods.
6. Article 39, CISG:
* 1. “Within reasonable time”
* 2. a maximum of 2 years
Suppose: The seller does not deliver = breach of contract by seller. Options for the buyer:
* Article 46: Require performance
(1) Delivery of goods
(2) Delivery of substitute goods, if the breach of contract is fundamental (3) Repair
* Article 49: Declare the contract avoided
(“to nullify the contract”) effects -> art 81/84 CISG
* Article 50: Reduce of price
* Article 74: Claim damages
Terms of the agreement: Sales contract (specific for each...