Article 64
(1) The seller may declare the contract avoided—
(a) if the failure by the buyer to perform any of his
obligations under the contract or this Convention
amounts to a fundamental breach of contract; or
(b) if the buyer does not, within the additional period of
time fixed by the seller in accordance with paragraph (1)
of article 63, perform his obligation to pay the price or
take delivery of the goods, or if he declares that he will
not do so within the period so fixed.
(2) However, in cases where the buyer has paid the price, the
seller loses the right to declare the contract avoided unless he
does so—
(a) in respect of late performance by the buyer, before the
seller has become aware that performance has been
rendered; orSchedule
Sale of Goods (Vienna Convention) Act 1986
Page 26 Current as at 6 July 1994 revised version
(b) in respect of any breach other than late performance by
the buyer, within a reasonable time—
(i) after the seller knew or ought to have known of the
breach; or
(ii) after the expiration of any additional period of time
fixed by the seller in accordance with paragraph
(1) of article 63, or after the buyer has declared that
he will not perform his obligations within such an
additional period.
Article 65
(
Article 48
(1) Subject to article 49, the seller may, even after the date for
delivery, remedy at his own expense any failure to perform his
obligations, if he can do so without unreasonable delay and
without causing the buyer unreasonable inconvenience or
uncertainty of reimbursement by the seller of expenses
advanced by the buyer. However, the buyer retains any right to
claim damages as provided for in this Convention.