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 non-conforming 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 right 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 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 suchSchedule
Sale of Goods (Vienna Convention) Act 1986
Page 18 Current as at 6 July 1994 revised version
redirection or redispatch, examination may be deferred until
after the goods have arrived at the new destination.
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 specifying the
nature of the lack of conformity within a reasonable time after
he has discovered it or ought to have discovered it.
(2) In any event, the buyer loses the right to rely on a lack of
conformity of the goods if he does not give the seller notice
thereof at the latest within a period of two years from the date
on which the goods were actually handed over to the buyer,
unless this time-limit is inconsistent with a contractual period
of guarantee. A party who relies on a breach of contract must take such
measures as are reasonable in the circumstances to mitigate
the loss, including loss of profit, resulting from the breach. If
he fails to take such measures, the party in breach may claim a
reduction in the damages in the amount by which the loss
should have been mitigated.
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 non-conforming 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 right 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 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 suchSchedule
Sale of Goods (Vienna Convention) Act 1986
Page 18 Current as at 6 July 1994 revised version
redirection or redispatch, examination may be deferred until
after the goods have arrived at the new destination.
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 specifying the
nature of the lack of conformity within a reasonable time after
he has discovered it or ought to have discovered it.
(2) In any event, the buyer loses the right to rely on a lack of
conformity of the goods if he does not give the seller notice
thereof at the latest within a period of two years from the date
on which the goods were actually handed over to the buyer,
unless this time-limit is inconsistent with a contractual period
of guarantee. A party who relies on a breach of contract must take such
measures as are reasonable in the circumstances to mitigate
the loss, including loss of profit, resulting from the breach. If
he fails to take such measures, the party in breach may claim a
reduction in the damages in the amount by which the loss
should have been mitigated.
การแปล กรุณารอสักครู่..