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Obligations of the buyer

International business law
by

Mélody FORGEOT

on 6 December 2012

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Transcript of Obligations of the buyer

Chapter III - Obligations of the buyer Article 55 Validation of the sale when it is impossible to determine the price from the parties' agreement
Legal presumption allowing the parties to rely on usual market price in the same circumstances Article 56 Price fixed according to the weight of the goods
No specifications made
Doubt Article 57 1. Payment should be done at:
Seller's place of business
Place where handling over takes place

2. Seller must pay increase in expense if place of business is changed after conclusion of contract Article 59 The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller. Article 61 1. If the buyer fails to perform any of his obligations under the contract or this Convention, the seller
may:
a) exercise the rights provided in articles 62 to 65;
b) claim damages as provided in articles 74 to 77.

2. The seller is not deprived of any right he may have to claim damages by exercising his right to other
remedies.

3. No period of grace may be granted to the buyer by a court or arbitral tribunal when the seller resorts
to a remedy for breach of contract. Article 62 The seller may require the buyer to pay the price, take delivery or perform his other obligations, unless the seller has resorted to a remedy which is inconsistent with this requirement. Article 54 Buyer’s obligation to pay the price goes beyond traditional handing over of money to seller

Obligation to procure securities for payment such as letters of credit or guarantees enter into necessary contracts with a bank

Otherwise: breach of the obligation to pay the price

The seller may thus breach the contract with the buyer if such steps are not taken

If contract contains no detail relating to the payment, laws and regulations of the private international law apply Article 58 1. Buyer must pay the price when the seller places the goods or documents at his disposal

2. If contract involves transportation of goods, seller may do the expedition under condition that the goods or documents will be handed over only against payment

3. Buyer is not forced to do the payment before he has examined the goods he has ordered Article 63 1. The seller may fix an additional period of time of reasonable length for performance by the buyer of
his obligations.

2. Unless the seller has received notice from the buyer that he will not perform within the period so
fixed, the seller may not, during that period, resort to any remedy for breach of contract. However, the
seller is not deprived thereby of any right he may have to claim damages for delay in performance. Article 60 The buyer's obligation to take delivery consists:

a) In doing all the acts which could reasonably be expected of him in order to enable the seller to make delivery; and
b) In taking over the goods. Article 65 1. If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to

2. If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding. 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; or
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. Vienna convention Section 1. Payment of the price -> Price is to be determined by the net weight: without packaging! Section 2. Taking delivery Section 3. Remedies for breach of contract by the buyer Déborah BERGER - Noémie HREHOROWSKI - Laetitia CHARTON - Mélody FORGEOT
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