Excerpt from John O. Honnold, Uniform Law for International Sales under the 1980 United Nations Convention, 3rd ed. (1999), page 377. Reproduced with permission of the publisher, Kluwer Law International, The Hague.
§344 Section III (Arts. 61–65), stating the seller’s remedies for breach by the buyer, follows the same pattern as Section III of the preceding chapter (Arts. 45–52), Both sets of rules are supplemented in Chapter V (Arts. 71–82) by remedial provisions applicable to both parties.
The present section opens with an article that sums up the remedial system and indicates the relationship among the various remedies. (Cf. Art. 45, supra at §275.)
"(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may:
(a) exercise the rights provided in articles 62 to 65;
(b) claim damages as provided in articles 74 to 77.
"(2) The seller is not deprived of any right he may have to claim damages by exercising his right to other remedies.
"(3) No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts to a remedy for breach of contract."
The analysis of Article 45—the comparable provision in the preceding chapter—is applicable here; it should suffice to refer to the discussion under Article 45, supra at §277, of the extent to which the choice of one remedy excludes others.[page 377]
FOOTNOTES: Chapter on Article 61
1. This article is the same as Art. 57 of the 1978 Draft Convention. In ULIS, comparable provisions appear at Arts. 61, 64, 66, 68 and 70.