Published by Manz, Vienna: 1986. Reproduced with their permission.

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Obligations in Connection with Carriage (Article 32)

In a sale involving carriage, the seller must make arrangements for carriage of the goods and conclude transportation contracts appropriate to the circumstances and in accord with the usual terms of such transportation (Article 32(2)). Whether the seller must insure the goods depends on the sales contract; in any case, he must, at the buyer's request,[241] provide all available information so that the buyer may insure the goods himself (Article 32(3)). In the event that, when handed over to the carrier,[242] the goods are not clearly identified and allocated to the contract by the shipping documents, stamps, or other markings on the goods or the packing material or otherwise, the seller must notify the buyer of the allocation by a precise description of the goods (Article 32(1)). A breach of this obligation prevents the passing of risk (Article 67(2)) and may also trigger all remedies for breach of contract.[243] [page 65]

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FOOTNOTES

* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.

241. In some circumstances, however, trade practice can render such a demand superfluous so that the seller must send such information even when not requested. See Secretariat's Commentary at 87 § 6.

242. See generally A/Conf. 97/C.1/L./101 (= O.R. 102) (Canadian proposal which clarifies that the contract and the Convention determine the details).

243. See Secretariat's Commentary at 86 § 3.

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