正在加载图片...
ble inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided in this Convention Section Il. Conformity of the goods and third party claims Article 3 ( 1)The seller must deliver goods which are of the quantity, quality and description required by the contract and wh ich are contained or packaged in the manner required by the contract. (2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (a)are fit for the purposes for which goods of the same description would ordinarily be used (b)are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for hi (c)possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d)are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner dequate to preserve and protect the goods. (3)The seller is not liable under subparagraphs(a) to(d) of the preced ing paragraph for any lack of conformity oft he goods if at the time of the conc lusion of the contract the buyer knew or could not have been unaware of such I k of conformity Article 36 ( 1)The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conform ity becomes apparent only after that t Ime (2)The seller is also liable for any lack of conform ity which occurs after the time ind icated in the preceding paragr aph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of t ime the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified quali ties or characteristics Article 37 If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or ma g goods delivered or remedy any lack of conformity in the goods del ivered, prov ided that the exercise of this right does not cause the buyer unreasonable inconven ience or unreasonable expense. However, the buyer retains any rig ht to claim damages as provided for in this Convention Article 38 ( 1)The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in t (2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination ()If the goods are red irected in transit or redispatched by the buyer without a reasonable opportunity for examinat ion by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibili ty of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new dest Article 39 ( 1)The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller spe cifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have dis covered itble inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention. Section II. Conformity of the goods and third party claims Article 35 (1) The seller must deliver goods which are of the quantity, quality and description required by the contract and wh ich are contained or packaged in the manner required by the contract. (2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (a) are fit for the purposes for which goods of the same description would ordinarily be used; (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for hi m to rely, on the sellers skill and judgment; (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner a dequate to preserve and protect the goods. (3) The seller is not liable under subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of t he goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lac k of conformity. Article 36 (1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that t ime. (2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragr aph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of t ime the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified quali ties or characteristics. Article 37 If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or ma ke up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conformin g goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any rig ht to claim damages as provided for in this Convention. Article 38 (1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in t he circumstances. (2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. (3) If the goods are redirected in transit or redispatched by the buyer without a reasonable opportunity for examinat ion by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibili ty of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new dest ination. Article 39 (1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller spe cifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have dis covered it
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有