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

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f) Early Delivery or the Delivery of Excess Goods (Article 52)

The buyer may refuse to accept an early delivery (Article 52(1)). Nevertheless, he may be obligated to take possession of the good for the seller (Article 86(2)). However, the buyer may not be required to assume a more onerous burden, such as inspecting goods before the contractual date for delivery.[315]

The buyer may accept or reject any excess goods. If he accepts the excess, he must pay for it at the contract rate (Article 52(2)). The delivery of excess goods can, in some circumstances, constitute a fundamental breach and entitle the buyer to avoid the contract and return the entire delivery. An example is the case where the seller tenders a bill of lading covering all of the goods (including the excess goods) and specifies that the goods can be delivered only if payment is made for the excess goods as well.[316]

Expense or loss incurred by the buyer on account of the early delivery or the delivery of excess goods give rise to a damage action as long as the buyer's acceptance of the goods is not considered to be an acceptance of an offer to modify the contract. [page 80]

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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.

315. See supra at VI.B.5.(b)

316. See Secretariat's Commentary at 133 § 9.

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