United Nations Convention On Agreements For The International Sale Of Goods

(d) are contained or packaged in the usual manner for these goods or, if not, in a manner specific to the conservation and protection of goods. If the contract is avoided and the buyer purchased the replacement goods within a reasonable time after being avoided or the seller has resold the goods, the claim for damages may recover the difference between the price of the contract and the price in the replacement transaction, as well as any other damage that can be repaid under section 74. 1. If the purchaser has received the goods and intends to exercise a contractual or existing right under this agreement, he must take reasonable steps to obtain it in the present circumstances. He has the right to keep them until the seller reimburses the reasonable costs. A State Party whose legislation must provide the conclusion of contracts for sale in writing or in writing may, at any time, declare, in accordance with Article 12, that any provision of Article 11, Article 29 or Part II of this Convention, which allows it to obtain a contract of sale or its modification or termination by an agreement or offer , an acceptance or other intention to be made in a form other than in writing. , does not apply if a party has its business in that state. The risk for goods sold in transit is transferred to the buyer as of the conclusion of the contract. However, if circumstances suggest, the purchaser takes the risk of handing over the goods to the carrier that issued the documents that represent the transportation contract. However, if the seller knew or should have known that the merchandise had been lost or damaged at the time of the conclusion of the sale agreement and that this had not been disclosed to the buyer, the loss or damage was due to the seller. b) the effect that the contract may have on the ownership of the property sold. 2. If the goods do not comply with the contract, the purchaser may only require the delivery of alternative products if the failure to comply is a fundamental offence and a request for a replacement product is made either in connection with a section 39 notification or within a reasonable period of time thereafter.

This Convention does not apply to the seller`s liability in the event of death or bodily harm caused by goods to a person. Although it is customary to exclude the CISG, the number of cases in which the CISG is interpreted increases. Globalization continues, as is the internationalization of treaty and trade law. While I agree with the many COMMENTATORs at the CISG that the CISG is advantageous because it increases the predictability of results in international trade, I almost always exclude the CISG. (2) However, if the buyer is required to pick up the goods in a place other than a place of business of the seller, the risk is transferred at the end of the delivery and the buyer is aware that the goods are made available there.