CISG Article 46 ULIS Article 24
1. The buyer may require 1. Where the seller fails
performance by the seller of to perform his obligations
his obligation unless the buyer as regards the date or the
has resorted to a remedy which place of delivery, the buyer
is inconsistent with this may, as provided in Articles
requirement. 25 to 32:
2. If the goods do not conform (a) require performance of
with the contract the buyer may the contract by the seller;
require delivery of substitute
goods only if the lack of conformity (b) declare the contract avoided.
constitutes a fundamental breach
of contract and a request for 2. The buyer may also claim
substitute goods is made either damages as provided in Article
in conjunction with notice given 82 or in Articles 84 to 87.
under article 39 or within a
reasonable time thereafter. 3. In no case shall the seller be
entitled to apply to a court or
3. If the goods do not conform arbitral tribunal to grant him a
with the contract, the buyer may period of grace.
require the seller to remedy the
lack of conformity by repair,
unless this is unreasonable
having regard to all the
circumstances. A request for repair
must be made either in
conjunction with notice given under
article 39 or within a reasonable
time thereafter.
SEE ALSO:
ULIS Article 25
The buyer shall not be entitled to require performance of the contract
by the seller, if it is in conformity with usage and reasonably
possible for the buyer to purchase goods to replace those to which
the contact relates. In this case the contract shall be ipso facto
avoided as from the time when such purchase should be effected.
ULIS Article 26(1)
Where the failure to deliver the goods at the date fixed amount
to a fundamental breach of the contract, the buyer may either require
performance by the seller or declare the contract avoided. He
shall inform the seller of his decision within a reasonable time;
otherwise the contract shall be ipso facto avoided.
SEE ALSO Articles 27(1), 30(1), 41(1(a), 42(1), 51, 52(1), 55(2) of ULIS
Pace Law School Institute of
International Commercial Law
- May 22, 2001