(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; orSchedule
Sale of Goods (Vienna Convention) Act 1986
Page 22 Current as at 6 July 1994 revised version
(iii) after the expiration of any additional period of time
indicated by the seller in accordance with
paragraph (2) of article 48, or after the buyer has
declared that he will not accept performance.