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https://cisgw3.law.pace.edu/cisg/biblio/graffi.html
67. See BGH, 3 March 1996, in UNILEX, holding that "the CISG does not differentiate between delivery of different goods and delivery of goods that do not conform to the contract. Under the CISG, an aliud delivery does therefore, at least generally, not constitute a non-delivery, but constitutes a delivery of non-conforming goods". 68.
https://www.cisg.law.pace.edu/cisg/biblio/lorenz.html
Fundamental Breach under the CISG. Alexander Lorenz Dinslaken, Germany/Canterbury, England. I. Introduction. The U.N. Convention on Contracts for the International Sale of Goods was adopted on April 11, 1980 in Vienna and came into force on January 1, 1988.
http://www.cisg.law.pace.edu/cisg/biblio/liu4.html
Regarding this limitation, it is further to be noted that Art. 49(1)(b) CISG is applicable to cases of late delivery of substitute goods requested by the buyer under CISG Art. 46(2), because the substitute delivery is to be regarded as delivery under CISG Arts. 30-34.
https://www.lawteacher.net/free-law-essays/commercial-law/rights-and-obligations-law-essays.php
However, the buyer retains any right to claim damages as provided under the CISG. Time for Delivery. The time for delivery of the goods is of the essence under the CISG, because the obligation of the buyer to pay for the goods arises upon delivery. Article 33 CISG provides for three circumstances regarding time of delivery.
https://quizlet.com/130281401/cisg-flash-cards/
(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.
https://cisgw3.law.pace.edu/cisg/biblio/huber1.html
These instruments limit it to cases of non-delivery or late delivery, whereas in German law it also extends to defective delivery. Under CISG, the position is more or less the same as that under the Principles: the "Nachfrist"-mechanism, in its strict sense, is only available in cases of non-delivery …
http://iicl.law.pace.edu/cisg/search/cases
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the law governing cross-border sale of goods transactions among the majority of the world’s trading nations. The Pace-IICL developed and maintains the CISG Database to promote cross …
https://en.wikipedia.org/wiki/CISG
The United Nations Convention on Contracts for the International Sale of Goods (CISG), sometimes known as the Vienna Convention is a multilateral treaty that establishes a uniform framework for international commerce. Ratified by 93 countries, known as "Contracting States", the Convention governs a significant proportion of world trade, making it one of the most successful instruments of ...Effective: 1 January 1988
https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/avoidance-for-fundamental-breach-of-contract-under-the-un-convention-on-the-international-sale-of-goods/435FB4E563EA670C815085A89CB8F8EC
Nov 11, 2010 · 138 For reliance upon art 71 for the view that a buyer may refuse delivery of defective goods at least for a reasonable time so as to assess the situation, see CISG Advisory Council Opinion No 5, The buyer's right to avoid the contract in case of non …Author: Michael G. Bridge
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