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2024-10-17 18:49本頁面
  

【正文】 ith the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this 29(1)A contract may be modified or terminated by the mere agreement of the parties.(2)A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by , a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that IIOBLIGATIONS OF THE SELLERArticle 30 The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this of the goods and handing over of documentsArticle 31 If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists:(a)if the contract of sale involves carriage of the goodsin placing the goods at the buyer39。s disposal at that place。(c)in other casesin placing the goods at the buyer39。s disposal at the place where the seller had his place of business at the time of the conclusion of the 32(1)If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.(2)If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.(3)If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer39。s request, provide him with all available information necessary to enable him to effect such 33 The seller must deliver the goods:(a)if a date is fixed by or determinable from the contract, on that date。(b)if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date。or(c)in any other case, within a reasonable time after the conclusion of the 34 If the seller is bound to hand over documents relating to the goods, he must hand them over at the time and place and in the form required by the the seller has handed over documents before that time, he may, up to that time, cure any lack of conformity in the documents, if the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable , the buyer retains any right to claim damages as provided for in this of the goods and third party claimsArticle 35(1)The seller must deliver goods which are of the quantity, quality and description required by the contract and which 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 him to rely, on the seller39。s skill and judgement。(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 adequate 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 the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of 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 bees apparent only after that time.(2)The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or 37 If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any nonconforming 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 , the buyer retains any right to claim damages as provided for in this 38(1)The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the 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 examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new 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 specifying the nature of the lack of conformity within a reasonable time after he has disc
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