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

excerpt from

Uniform Sales Law - The UN-Convention on Contracts for the International Sale of Goods

Univ. Prof. Dr. Peter Schlechtriem [*]

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Buyer's Obligation to Take Delivery (Article 60)

There are two elements to the buyer's obligation to take delivery. First, he must undertake all acts which could reasonably be expected of him in order to enable the seller to make delivery, [331] such as obtaining the necessary import [page 83] documents, making the necessary preparations for any installation to be done by the seller, and specifying and requesting delivery of the goods ordered.[332] Of course, the particulars of the obligation to take delivery depend on the mode of delivery agreed upon.[332a] The seller should not be required to request the buyer to take delivery. Otherwise, Article 59 would become obsolete in many cases. The second element is that the buyer must take charge of the goods. In the case of goods to be picked up at the seller's address, or when the goods must be "placed at the disposal" of the buyer at another location, the buyer is normally responsible for removing the goods. Although the convention is not explicit, the question of whether the buyer is allowed a "reasonable time" [333] to pick up the goods is to be resolved on the basis of Article 7(1). [page 84]

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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.

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331. In contrast to ULIS Article 65, the buyer is only obligated to take measures that could "reasonably be expected" and not all acts that could be considered "necessary".

332. See Huber at 515.

332a. But see Tallon, Buyer's Obligations at 7-15.

333. Cf. Huber at 515-16.

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Pace Law School Institute of International Commercial Law - Last updated October 9, 2000
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