SAMENVATTING
INTERNATIONAAL EN EUROPEES
RECHT
HOOFDSTUK 8, 9, 10, 11, 12, 13, 14 & 15
,Chapter 8: International sale of goods
Scope CISG
The United Nations Convention on the Sale of Goods (CISG) applies only
to international sales. The CISG is applicable to a contract if the States of
the contracting parties are contracting States.
- The CISG only applies to the sale of goods and NOT services
- The CISG does not apply to a number of contracts, does not apply
to:
- Sale of goods bought for personal, family or household use, unless
the seller neither knew or ought to have known that the goods were
bought for such case
- Consumer contract fall outside the scope of CISG because States
have mandatory rules protecting the consumer.
The CISG does not apply to barter contracts (sell oil and instead of
money, get wheat in return)
Optout CISG
according to article 6 CISG it is possible for parties to agree that the CISG,
or parts of it, do not apply to the contract. For this both parties have to
agree on the exclusion.
Reasons for excluding CISG:
- People who draft the contract know the national law better than the
CISG
- The CISG is a relatively recent treaty
Content of CISG
if there is an agreement between parties, a contract is formed. Article 23
CISG states that an acceptance is an agreement. The acceptance of the
offer becomes effective at the moment the indication of assent has
reaches the person making the offer (article 18 under 2 CISG). An offer is
valid the moment it reaches the other party. The person making the offer
can withdraw up to and including the moment the offer reaches the party
(article 15 CISG).
, The offer has to be accepted in a reasonable time (article 18 under 2
CISG).
Obligations on the seller
The main obligations on the seller can be found in article 30 CISG.
According to article 30 the seller has to:
- deliver the goods, including the documents;
- transfer property of the goods;
- deliver the good agreed upon in the contract (article 35 CISG)
If a contract of sale does not include a contract of carriage, the delivery
takes place (if the contract relates to specific goods or unidentified goods)
at the place where the good where on the conclusion of the contract
(article 31 CISG).
If the location of the goods is not known at the time of the conclusion of
the contract, the place of delivery is the business location.
NOTE: if the parties agreed on an incoterm, Article 31 CISG does NOT
apply.
The date of delivery is the date fixed by, or determinable from the
contract, Article 33 CISG
The seller also has the obligation to preserve the goods if buyer fails to
take the delivery, article 85 CISG. According to the contract means that
the goods have the specs, quality and packaging specified in the contract,
the goods are not conform if:
- it is not fit for purpose of which goods of the same description would
ordinary be used;
- not fit for any particular purpose expressly or impliedly made known
to the seller at the time of the conclusion of the contract;
- does not posses the quality of the goods which the seller has held
out to the buyer;
INTERNATIONAAL EN EUROPEES
RECHT
HOOFDSTUK 8, 9, 10, 11, 12, 13, 14 & 15
,Chapter 8: International sale of goods
Scope CISG
The United Nations Convention on the Sale of Goods (CISG) applies only
to international sales. The CISG is applicable to a contract if the States of
the contracting parties are contracting States.
- The CISG only applies to the sale of goods and NOT services
- The CISG does not apply to a number of contracts, does not apply
to:
- Sale of goods bought for personal, family or household use, unless
the seller neither knew or ought to have known that the goods were
bought for such case
- Consumer contract fall outside the scope of CISG because States
have mandatory rules protecting the consumer.
The CISG does not apply to barter contracts (sell oil and instead of
money, get wheat in return)
Optout CISG
according to article 6 CISG it is possible for parties to agree that the CISG,
or parts of it, do not apply to the contract. For this both parties have to
agree on the exclusion.
Reasons for excluding CISG:
- People who draft the contract know the national law better than the
CISG
- The CISG is a relatively recent treaty
Content of CISG
if there is an agreement between parties, a contract is formed. Article 23
CISG states that an acceptance is an agreement. The acceptance of the
offer becomes effective at the moment the indication of assent has
reaches the person making the offer (article 18 under 2 CISG). An offer is
valid the moment it reaches the other party. The person making the offer
can withdraw up to and including the moment the offer reaches the party
(article 15 CISG).
, The offer has to be accepted in a reasonable time (article 18 under 2
CISG).
Obligations on the seller
The main obligations on the seller can be found in article 30 CISG.
According to article 30 the seller has to:
- deliver the goods, including the documents;
- transfer property of the goods;
- deliver the good agreed upon in the contract (article 35 CISG)
If a contract of sale does not include a contract of carriage, the delivery
takes place (if the contract relates to specific goods or unidentified goods)
at the place where the good where on the conclusion of the contract
(article 31 CISG).
If the location of the goods is not known at the time of the conclusion of
the contract, the place of delivery is the business location.
NOTE: if the parties agreed on an incoterm, Article 31 CISG does NOT
apply.
The date of delivery is the date fixed by, or determinable from the
contract, Article 33 CISG
The seller also has the obligation to preserve the goods if buyer fails to
take the delivery, article 85 CISG. According to the contract means that
the goods have the specs, quality and packaging specified in the contract,
the goods are not conform if:
- it is not fit for purpose of which goods of the same description would
ordinary be used;
- not fit for any particular purpose expressly or impliedly made known
to the seller at the time of the conclusion of the contract;
- does not posses the quality of the goods which the seller has held
out to the buyer;
