CISG Article 52 ULIS Article 29
1. If the seller delivers the goods Where the seller tenders
before the date fixed, the buyer may delivery of the goods before
take delivery or refuse to take the date fixed, the buyer may
delivery. accept or reject delivery;
if he accepts, he may reserve
2. If the seller delivers a quantity the right to claim damages in
of goods greater than that provided accordance with Article 82.
for in the contract, the buyer may
take delivery or refuse to take ULIS Article 47
delivery of the excess quantity.
If the buyer takes delivery of all Where the seller had proffered
or part of the excess quantity, to the buyer a quantity of
he must pay for it at the contract unascertained goods greater than
rate. that provided for in the contract,
the buyer may reject or accept
the excess quantity. If the buyer
rejects the excess quantity, the
seller shall be liable only for
damages in accordance with
Article 82. If the buyer accepts
the whole or part of the excess
quantity, he shall pay for it at
the contract rate.
The rule in CISG Article 52(1) also appeared in ULIS Article 29. "An express provision that the accepting buyer may reserve the right to claim damages appeared unnecessary." Will, Commentary on the International Sales Law, Bianca/Bonell eds (Guiffrè: Milan 1987) 379. Article 52(2) is also similar to ULIS Article 47, with the reference to damages deleted.
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Pace Law School Institute of
International Commercial Law
- Last updated June 17, 1998
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