"КОНВЕНЦИЯ О ЕДИНООБРАЗНОМ ЗАКОНЕ О МЕЖДУНАРОДНОЙ КУПЛЕ-ПРОДАЖЕ ТОВАРОВ" (ULIS) [рус., англ.] (Заключена в г. Гааге 01.07.1964)

er does not comply promptly, the contract shall be ipso facto avoided.
3. If the seller has transported the goods to the place fixed before the buyer has made known his decision under paragraph 1 of this Article and the buyer does not exercise promptly his right to declare the contract avoided, the contract cannot be avoided.

Article 31

1. In cases not provided for in Article 30, the seller shall retain the right to effect delivery at the place fixed and the buyer shall retain the right to require performance of the contract by the seller.
2. The buyer may however grant the seller an additional period of time of reasonable length. Failure to deliver within this period at the place fixed shall amount to a fundamental breach of the contract.

Article 32

1. If delivery is to be effected by handing over the goods to a carrier and the goods have been handed over at a place other than that fixed, the buyer may declare the contract avoided, whenever the failure to deliver the goods at the place fixed amounts to a fundamental breach of the contract. He shall lose this right if he has not promptly declared the contract avoided.
2. The buyer shall have the same right, in the circumstances and on the conditions provided in paragraph 1 of this Article, if the goods have been despatched to some place other than that fixed.
3. If despatch from a place or to a place other than that fixed does not amount to a fundamental breach of the contract, the buyer may only claim damages in accordance with Article 82.

Sub-Section 2. OBLIGATIONS OF THE SELLER AS REGARDS
THE CONFORMITY OF THE GOODS

A. Lack of conformity

Article 33

1. The seller shall not have fulfilled his obligation to deliver the goods where he has handed over:
(a) part of the goods sold or a larger or a smaller quantity of the goods than he contracted to sell;
(b) goods which are not those to which the contract relates or goods of a different kind;
(c)goods which lack the qualities of a sample or model which the seller has handed over or sent to the buyer, unless the seller has submitted it without any express or implied undertaking that the goods would conform therewith;
(d) goods which do not possess the qualities necessary for their ordinary or commercial use;
(e) goods which do not possess the qualities for some particular purpose expressly or impliedly contemplated by the contract;
(f) in general, goods which do not possess the qualities and characteristics expressly or impliedly contemplated by the contract.
2. No difference in quantity, lack of part of the goods or absence of any quality or characteristic shall be taken into consideration where it is not material.

Article 34

In the cases to which Article 33 relates, the rights conferred on the buyer by the present Law exclude all other remedies based on lack of conformity of the goods.

Article 35

1. Whether the goods are in conformity with the contract shall be determined by their condition at the time when risk passes. However, if risk does not pass because of a declaration of avoidance of the contract or of a demand for other goods in replacement, the conformity of the goods with the contract shall be determined by their condition at the time when risk would have passed had they been in conformity with the contract.
2. The seller shall be liable for the consequences of any lack of conformity occurring after the time fixed in paragraph l of this Article if it was due to an act of the seller or of a person for whose conduct he is responsible.

Article 36

The seller shall not be liable for the consequences of any la



> 1 2 3 ... 22 23 24 ... 30 31 32

	Поделиться:	Tweet