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.Schedule
Sale of Goods (Vienna Convention) Act 1986
Current as at 6 July 1994 revised version Page 21
(2) If the seller requests the buyer to make known whether he will
accept performance and the buyer does not comply with the
request within a reasonable time, the seller may perform
within the time indicated in his request. The buyer may not,
during that period of time resort to any remedy which is
inconsistent with performance by the seller.
(3) A notice by the seller that he will perform within a specified
period of time is assumed to include a request, under the
preceding paragraph, that the buyer make known his decision.
(4) A request or notice by the seller under paragraph (2) or (3) of
this article is not effective unless received by the buyer.
Article 49
(1) The buyer may declare the contract avoided—
(a) if the failure by the seller to perform any of his
obligations under the contract or this Convention
amounts to a fundamental breach of contract; or
(b) in case of non-delivery, if the seller does not deliver the
goods within the additional period of time fixed by the
buyer in accordance with paragraph (1) of article 47 or
declares that he will not deliver within the period so
fixed.
(2) However, in cases where the seller has delivered the goods,
the buyer loses the right to declare the contract avoided unless
he does so—
(a) in respect of late delivery, within a reasonable time after
he has become aware that delivery has been made;
(b) in respect of any breach other than late delivery, within a
reasonable time—
(i) after he knew or ought to have known of the
breach;
(ii) after the expiration of any additional period of time
fixed by the buyer in accordance with paragraph
(1) of article 47, or after the seller has declared that
he will not perform his obligations within such an
additional period; or