【正文】
s liability to the other or the settlement of disputes are considered to alter the terms of the offer materially. 有關(guān)貨物價格、付款、貨物質(zhì)量和數(shù)量、交貨地點和時間、一方當事人對另一方當事人的賠償責任范圍或解決爭端等等的添加或不同條件,均視為在實質(zhì)上變更發(fā)價的條件 Article 20 (1)A period of time for acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous munication, begins to run from the moment that the offer reaches the offeree. 發(fā)價人在電報或信件內(nèi)規(guī)定的接受期間,從電報交發(fā)時刻或信上載明的發(fā)信日期起算,如信上未載明發(fā)信日期,則從信封上所載日期起算。 or 發(fā)價寫明接受發(fā)價的期限或以其它方式表示發(fā)價是不可撤銷的;或 (b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer. 被發(fā)價人有理由信賴該項發(fā)價是不可撤銷的,而且被發(fā)價人已本著對該項發(fā)價的信賴行事 Article 17 An offer, even if it is irrevocable, is terminated when a rejection reaches the offeror. 一項發(fā)價,即使是不可撤銷的,于拒絕通知送達發(fā)價人時終止 Article 18 (1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance. 被發(fā)價人聲明或做出其它行為表示同意一項發(fā)價,即是接受,緘默或不行動本身不等于接受 (2)An acceptance of an offer bees effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of munication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise. 接受發(fā)價于表示同意的通知送達發(fā)價人時生效。 合同的效力,或其任何條款的效力,或任何慣例的效力 (b) the effect which the contract may have on the property in the goods sold. 合同對所售貨物所有權(quán)可能產(chǎn)生的影響 Article 5 This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person. 本公約不適用于賣方對于貨物對任何人所造成的死亡或傷害的責任 Article 6 The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions. 雙方當事人可以不適用本公約,或在第十二條的條件下,減損本公約的任何規(guī)定或改變其效力 Chapter II GENERAL PROVISIONS 總則 Article 7 (1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade. 在解釋本公約時,應(yīng)考慮到本公約的國際性質(zhì)和促進其適用的統(tǒng)一以及在國際貿(mào)易上遵守誠信的需要 (2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law. 凡本公約未明確解決的屬于本公約范圍的問題,應(yīng) 按照本公約所依據(jù)的一般原則來解決,在沒有一般原則的情況下,則應(yīng)按照國際私法規(guī)定適用的法律來解決 Article 8 (1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was. 為本公約的目的,一方當事人所作的聲明和其它行為,應(yīng)依照他的意旨解釋,如果另一方當事人已知道或者不可能不知道此一意旨 (2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted ac