LEGISLATIVE HISTORY

CISG ANTECEDENTS

Match-up of CISG Article 37 with ULIS provisions

"Article 37 of the CISG corresponds essentially to Article 37 ULIS. However, a second sentence was added, which provides that the buyer retains his right to claim damages even where defects have been successfully cured." Schwenzer in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 295 [citations omitted].

      CISG Article 37                            ULIS Article 37
                                                           
If the seller has delivered             If the seller has handed over 
goods before the date for               goods before the date fixed 
delivery, he may, up to that            for delivery he may, up to 
date, deliver any missing               that date, deliver any missing 
part or make up any deficiency          part or quantity of the goods 
in the quantity of the goods            or deliver other goods which 
delivered, or deliver goods in          are in conformity with the 
replacement of any non-                 contract or remedy any defects 
conforming goods delivered              in the goods handed over, 
or remedy any lack of conformity        provided that the exercise of 
in the goods delivered, provided        this right does not cause the 
that the exercise of this right         buyer either unreasonable 
does not cause the buyer                inconvenience or unreasonable 
unreasonable inconvenience or           expense. 
unreasonable expense.  However,  
the buyer retains any right to   
claim damages as provided for    
in this Convention.