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(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.
(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding.
1. The provincial Acts confer no rights on the seller comparable to the rights under art. 65 and none exist either at common law. Such a right is recognized in UCC 2-311(2) and is discussed in the OLRC Sales Report, pp. 188-190.
2. Art. 65 is consistent with the theory of specific performance adopted by the convention but, from a practical point of view, the number of occasions when a seller needs to substitute his own specifications for the buyer's specifications in order to protect his interests are likely to be infrequent. In most cases damages should be an adequate remedy. Given its limited practical application (particularly in a jurisdiction where the seller will not be able to compel the buyer to take delivery of the goods when they are ready), it is difficult to become excited over art. 65 one way or the other.
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