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

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Conformity of the Goods

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a) Defects in Quality and Quantity [Article 37]

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For any delivery made prior to the delivery date, Article 37 gives the seller the right to cure any non-conformity in the goods until the due date. This right to make supplementary shipments or improvements affects neither the buyer's right to claim damages or reimbursement for expenses that result from the early delivery nor his remedies for damages that may have been caused by the curing of the non-conformity. (Only) if the remedying of the defect causes the buyer unreasonable inconvenience or expense may the buyer instead refuse to accept the cure and assert his remedies for breach of contract caused by the lack of conformity.[261] After the due date for delivery, however, the seller can only cure non-conformities as permitted by Article 48. [page 69]

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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.

261. Article 34 sentences 2 and 3 establishes a comparable rule for documents. See supra at VI.B.4.

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