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ANNOTATED TEXT OF CISG
Article 27

Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other communication is given or made by a party in accordance with this Part and by means appropriate in the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication.

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Article 27 refers to communications mentioned in Part III of the Convention (Sale of Goods). Enderlein & Maskow state: "This no doubt, refers to the communications mentioned in this Part, but also those which are agreed in the contract (e.g. notice of defects in guarantee, statement of readiness for dispatch, notice of dispatch). Part III generally refers to the substance of contracts." They also state: "Article 27 formulates expressis verbis a general principle of the Convention and is, therefore, under Article 7, paragraph 2, to be applied to cases which are not expressly decided. …" Enderlein & Maskow text, p. 119. See Words and phrases section below for link to a more complete excerpt from this text.


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Pace Law School Institute of International Commercial Law - Last updated January 15, 2014
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