number
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| CISG number |
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Art. 36 |
186. The text of article 20 as adopted by the Working Group on the International Sale of Goods is as follows:
"(1) The seller is liable in accordance with the contract and this Convention for any lack of
conformity which exists at the time when the risk passes to the buyer, even though the lack of
conformity becomes apparent only after that time;
"(2) The seller is also liable for any lack of conformity which occurs after the time indicated in
paragraph (1) of this article and which is due to a breach of any of his obligations, including a
breach of any express guarantee that the goods will remain fit for their ordinary purpose or for
some particular purpose, or that they will retain specified qualities or characteristics for a specific
period."
Decision
187. The Committee concludes that no change of substance is called for in respect of article 20. It therefore recommends that the Commission should adopt the following text:
"Article 20
"(1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time.
"(2) The seller is also liable for any lack of conformity which occurs after the time indicated in paragraph (1) of this article and which is due to a breach of any of his obligations, including a breach of any express guarantee that the goods will remain fit for their ordinary purpose or for some particular purpose, or that they will retain specified qualities or characteristics for a specific period." [page 38]
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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
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Institute of International Commercial Law - Last updated July 17, 2007