number
[...]
| CISG number |
|
Art. 86 |
516. The text of article 61, as adopted by the Working Group on the International Sale of Goods, is as follows:
"(1) If the goods have been received by the buyer and he intends to reject them he must take such
steps as are reasonable in the circumstances to preserve them. He may retain them until he has
been reimbursed his reasonable expenses by the seller.
"(2) If goods dispatched to the buyer have been put at his disposal at the place of destination and
he exercises the right to reject them, he must take possession of them on behalf of the seller,
provided that he can do so without payment of the price and without unreasonable inconvenience
or unreasonable expense. This provision does not apply if the seller or a person authorized to take
charge of the goods on his behalf is present at the destination."
Decision
517. The Committee concludes that no change of substance is called for in respect of article 61. It therefore recommends that the Commission should adopt the following text:
"Article 61
"(1) If the goods have been received by the buyer and he intends to reject them, he must take such steps as are reasonable in the circumstances to preserve them. He may retain them until he has been reimbursed his reasonable expenses by the seller.
"(2) If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller, provided that he can do so without payment of the price and without unreasonable inconvenience or unreasonable expense. This provision does not apply if the seller or a person authorized to take charge of the goods on his behalf is present at the destination." [page 62]
[...]
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 27, 2007