Published by Manz, Vienna: 1986. Reproduced with their permission.
Univ. Prof. Dr. Peter Schlechtriem [*]
3. Delivery Date (Article 33)
This provision, adopted in Vienna without further discussion, distinguishes the following three situations: first, there is an agreement on a fixed or determinable date for delivery; second, there is an agreement on a period of time during which delivery can be made, including contracts where the buyer can choose the date for delivery, and third, there is no express provision regarding the date for delivery, in which case delivery must be made within a reasonable time after the conclusion of the contract.
The buyer need not accept delivery before it is scheduled (Article 52), but if he accepts, the seller has fulfilled his obligation to deliver. [page 66]
* 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.(...)
244. The buyer's right to determine the date of delivery can arise from the circumstances, such as when the buyer's capacity to store the goods is limited and this fact is known to the seller. Cf. Secretariat's Commentary at 88-89 § 6.
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