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Art. 31 |
150. The text of article 15 as adopted by the Working Group on the International Sale of Goods, is as follows:
"If the seller is not required to deliver the goods at a particular place, delivery is made:
"(a) If the contract of sale involves carriage of the goods, by handing the goods over to the first carrier for transmission to the buyer;
"(b) If, in cases not within the preceding paragraph, the contract relates to
"(i) Specific goods, or
"(ii) Unidentified goods to be drawn from a specific stock or to be manufactured or produced, and
at the time of the conclusion of the contract the parties knew that the goods were at, or were to be
manufactured or produced at, a particular place, by placing the goods at the buyer's disposal at that
place;
"(c) In other cases by placing the goods at the buyer's disposal at the place where the seller had
his place of business at the time of the conclusion of the contract."
Introductory phrase
151. The Committee did not retain a proposal that the words "or in accordance with a particular trade term" be added to the opening phrase of article 15 so that it would read:
"If the seller is not required to deliver the goods at a particular place or in accordance with a particular trade term, delivery is made:"
This proposal was considered to be unnecessary since the seller's obligation to deliver arose out of the contract, which would include any trade term used in the contract.
152. The Committee considered and adopted, subject to review by the Drafting Group, a proposal that the opening phrase of article 15 read:
"Where no other place for delivery is fixed or determinable by agreement or usage, delivery is made:"
The new language was intended to make it clear that the rules in article 15 would apply only if the contract did not specify that the seller was bound to deliver the goods at any other particular place.
"Usages"
153. The Committee agreed that the "usages" referred to in the proposed text as well as in article 17, referred to usages as defined under article 8. It left to the Drafting Group to consider whether it was opportune to refer to "usages" or whether, in the light of article 8, it was unnecessary to do so.
Paragraph (a)
154. The Committee rejected a proposal to add the words "or to the shipper" after the phrase "handing the goods over to the first carrier." These words were considered unnecessary since whoever took the goods for shipment was the "first carrier" for the purposes of the Convention.
Decision
155. The Committee concludes that no change of substance is called for in respect of article 15. It therefore recommends that the Commission should adopt the following text:
"Article 15
"If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists:
"(a) If the contract of sale involves carriage of the goods -- in handing the goods over to the first carrier for transmission to the buyer;
"(b) If, in cases not within the preceding subparagraph, the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place -- in placing the goods at the buyer's disposal at that place;
"(c) In other cases -- in placing the goods at the buyer's disposal at the place where the seller had his place of business at the time of the conclusion of the contract." [page 35]
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Go to entire text of Report of the 1977 UNCITRAL Committee of the Whole I relating to draft Convention on International Sale of Goods
Pace Law School
Institute of International Commercial Law - Last updated July 17, 2007