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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 60
Taking Delivery

249. Section II of Chapter III consists of but one provision: Article 60. This rule, which breaks down buyer's obligations as regards delivery into two main elements, provides:

'The buyer's obligation to take delivery consists:
a) in doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery; and
b) in taking over the goods.'

Paragraph (a) concerns preliminary acts. Sometimes, for example, it will be up to the buyer to arrange for carriage. In other cases, the buyer will need to designate the desired destination, so that the seller can arrange for timely shipment to the right place.

The buyer's obligation to take over the goods in paragraph (b) is significant, inter alia, where the seller's delivery obligation involves placing the goods at buyer's disposal:[l] the buyer who fails to take over the goods in time will bear the risk of accidental loss or damage after that time.[2] In cases involving carriage, the buyer's failure to take over the goods (from the carrier) will constitute a breach, [page 133] and the buyer may well be liable for the damages which result, e.g., so as to provide the seller with compensation for extra costs paid to the carrier in this regard.

1. See Article 31, paragraphs (b) and (c), supra No. 155 et seq.
2. Regarding Article 69, see infra No. 273 et seq.
[page 134]

Pace Law School Institute of International Commercial Law - Last updated April 5, 2005