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Art. 33 |
159. The text of article 17, as adopted by the Working Group on the International Sale of Goods, is as follows:
"The seller must deliver the goods:
"(a) If a date is fixed or determinable by agreement or usage, on that date; or
"(b) If a period (such as a stated month or season) is fixed or determinable by agreement or usage,
at any time within that period unless circumstances indicate that the buyer is to choose a date; or
"(c) In any other case, within a reasonable time after the conclusion of the contract."
160. The Committee considered but did not retain the following proposals:
(i) That the reference to usages be deleted from paragraph (a);
(ii) That the word "circumstances" in paragraph (b) be made more precise;
(iii) That the phrase "within a reasonable time" in paragraph (c) be made more precise by adding the words "taking into account the nature of the goods and the circumstances of the contract";
(iv) That a new paragraph (2) be added which would require the seller to give the buyer notice of
the date for delivery reasonably in advance of delivery where that date is fixed by the seller.
Decision
161. The Committee concludes that no change of substance is called for in respect of article 17. It therefore recommends that the Commission should adopt the, following text:
"Article 17
"The seller must deliver the goods:
"(a) If a date is fixed by or determinable from the contract, on that date; or
"(b) If a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or
"(c) In any other case, within a reasonable time after the conclusion of the contract." [page 36]
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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