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CISG number

Art. 32

156. The text of article 16 as adopted by the Working Group on the International Sale of Goods, is as follows:

157. The Committee considered but did not retain a proposal for an exception to the general rule in article 10 as adopted by the Committee which provides that a party who has sent a notice by appropriate means may rely on the notice even if it does not arrive. Under the proposal the seller could have relied on a notice sent under article 16(1) only if the notice arrived.

Decision

158. The Committee concludes that no change of substance is called for in respect of article 16. It therefore recommends that the Commission should adopt the following text:

"Article 16

"(1) If the seller is bound to hand the goods over to a carrier and if the goods are not clearly marked with an address or are not otherwise identified to the contract, the seller must send the buyer a notice of the consignment which specifies the goods.
"(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for the carriage to the place fixed by means of transportation which are appropriate in the circumstances and according to the usual terms for such transportation.
"(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must provide the buyer, at his request, with all available information necessary to enable him to effect such insurance." [page 36]

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