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"[CISG] Article 57 . . . corresponds essentially to Article 59 ULIS. However, it makes it clearer that the parties' contrary agreement takes priority." Hager, in: Peter Schlechtriem ed., Commentary on the UN Convention on the International Sale of Goods, Oxford (1998) 464 [citation omitted]
CISG Article 57 ULIS Article 59
1. If the buyer is not bound 1. The buyer shall pay the
to pay the price at any other price to the seller at the
particular place, he must pay seller's place of business
it to the seller: or, if he does not have a
place of business, at his
(a) at the seller's place of habitual residence, or, where
business; or the payment is to be made
against the handing over of
(b) if the payment is to be the goods or of documents,
made against the handing at the place where such
over of the goods or of handing over takes place.
documents, at the place
where the handing over 2. Where, in consequence of
takes place. a change in the place of business
or habitual residence of the
2. The seller must bear any seller subsequent to the
increase in the expenses conclusion of the contract,
incidental to payment which the expenses incidental to
is caused by a change in his payment are increased, such
place of business subsequent increase shall be borne by the
to the conclusion of the contract. seller.
Pace Law School Institute of
International Commercial Law
- May 22, 2001