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CISG number

Art. 37

188. The text of article 21 as adopted by the Working Group on the International Sale of Goods is as follows:

189. The Commission considered, but did not retain, a proposal that article 21 expressly state that the seller has a right to deliver the goods before the date of delivery in order to make explicit what is already implicit in the language of article 21. However, there was little support for this proposal as it was considered that the emphasis in article 21 should remain on the seller's right to cure and that it would be inappropriate to confer on a party to a contract the right to breach that contract.

Decision

190. The Committee concludes that no change of substance is called for in respect of article 21. It therefore recommends that the Commission should adopt the following text:

"Article 21

"If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any nonconforming goods delivered or remedy any lack of [page 38] conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. The buyer retains any right to claim damages as provided for in this Convention."

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