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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Erik Evtimov, Tetyana Payosova Article 22 Delivery S. 1101-1102

„… goods under Article 18 and 19 of the CIM UR). Article 22 Delivery Registered luggage shall be delivered …” „… holder of the voucher is entitled to take delivery. The whole Article 22 of the CIV UR rests on the …” „… is not obliged to verify whether the holder of the voucher has the right to take delivery. It shall …”

Erik Evtimov, Tatyana Payosova Article 17 Delivery S. 1148-1149

„… practice. Article 17 Delivery The carrier must hand over the consignment note and deliver the goods to the …” „… consignee at the place designated for delivery against receipt and payment of the amounts due according to …” „… to the (authorised) consignee at the place designated for delivery, in addition to the receipt of and …”

Klaus Ramming Article 5 Delivery time S. 1009

„… special provision of Article 24.4 on limitation periods. Article 5 Delivery time The carrier shall deliver …” „… carrier’s duty to deliver the goods at the place of delivery within the specified time. Further, Article 16 …” „… et seq. lays out a special liability régime in cases of a delayed delivery. Within this framework …”

Erik Evtimov, Tatyana Payosova Article 21 Circumstances preventing delivery S. 1153

„… 21 Circumstances preventing delivery When circumstances prevent delivery, the carrier must without …” „… circumstances preventing delivery. Art. 21 COTIF/CIM Erik Evtimov and Tatyana Payosova 1153 6 7 8 1 …”

Wolf Müller-Rostin Article 13 Delivery of Cargo S. 1196

„… ). Article 13 Delivery of Cargo 1. Except when the consignor has exercised its right under Article 12, the …” „… entitled to receive prompt notification by the carrier of the arrival of the cargo and to take delivery of …”

Klaus Ramming Article 10 Delivery of the goods S. 1021

„… Article 10 Delivery of the goods 1. Notwithstanding the obligation of the shipper under article 6 …” „… , paragraph 1, the consignee who, following the arrival of the goods at the place of delivery, requests their …” „… delivery, shall, in accordance with the contract of carriage, be liable for the freight and other charges …”

Erik Evtimov, Tatyana Payosova Article 22 Consequences of circumstances preventing carriage and delivery S. 1154

„… When the circumstances preventing delivery cease to exist before arrival of instructions from the …” „… preventing delivery arise after the consignee has modified the contract of carriage in accordance with …” „… circumstances preventing delivery can occur before the goods arrive to the point of delivery, e.g. where the …”

Erik Evtimov, Tatyana Payosova Article 35 Compensation in case of interest in delivery S. 1167

„… . Article 35 Compensation in case of interest in delivery The consignor and the carrier may agree that the …” „… delivery, in case of loss, damage or exceeding of the transit period. In case of a declaration of interest …” „… in delivery further compensation for loss or damage proved may be claimed, in addition to the …”

Klaus Ramming Article 3 Taking over, carriage and delivery of the goods S. 1003-1006

„… Taking over, carriage and delivery of the goods 1. The carrier shall carry the goods to the place of …” „… delivery within the specified time and deliver them to the consignee in the condition in which they were …” „… handed over to him. 2. Unless otherwise agreed, the taking over and delivery of the goods shall take …”

Petra Butler Article 52 CISG S. 274-278

„… conform with the contract. Article 50 is not applicable in the event of the seller’s non-delivery of the …” „… applicable in regard to partial non-delivery.33 Damages A buyer can claim damages in addition to the …” „… delivery or refuse to take delivery. (2) If the seller delivers a quantity of goods greater than that …”

Marco Torsello Article 33 CISG S. 181-185

„… obligation arising from Art. 32(3) CISG is not an integral part of the seller’s delivery obligation …” „… , but it does not amount to a failure to complete the delivery obligation. As a consequence, in the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Fixed date of delivery (Article 33(a) CISG …”

Marco Torsello Article 31 CISG S. 163-174

„… created. Section I Delivery of the goods and handing over of documents Article 31 CISG If the seller is …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Notion of delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Remedies for breach of the delivery obligation …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… ® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 I. Incoterms® and the ICC The need for trade terms In the context of a contract for the delivery …” „… conditions, etc. A further issue is the terms and conditions of delivery of the goods. This issue touches a …” „… aspects of terms and conditions of delivery of goods in a sales contract bears the risk that some issues …”

Petra Butler Article 60 CISG S. 289-291

„… the delivery or by sending an invoice.6 Party agreement7 or trade usages and practices often determine …” „… II Taking delivery Article 60 CISG 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 …”

Marco Torsello Article 30 CISG S. 156-162

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Delivery obligation …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 III. Contractual arrangements on delivery and the ICC Incoterms® . . . . . . . . . . . . . . 6 IV …” „… referred to in Article 30 CISG, namely the delivery obligation and the obligation to hand over any …”

Petra Butler Article 51 CISG S. 269-273

„… the failure to make delivery completely or in conformity with the contract amounts to a fundamental …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Violation of duties other than the delivery of goods …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 c) Repair and substitute delivery …”

Tobias Eckardt Article 30 S. 963-967

„… these persons. Chapter V Claim and actions Article 30 (1) If the consignee takes delivery of the goods …” „… general indication of the loss or damage, not later than the time of delivery in the case of apparent loss …” „… or damage and within seven days of delivery, Sundays and public holidays excepted, in the case of …”

Klaus Ramming Article 23 Notice of damage S. 1054-1055

„… goods by the consignee is prima facie evidence of the delivery by the carrier of the goods in the same …” „… may require an inspection of the condition and quantity of the goods on delivery in the presence of …” „… the time of delivery, unless the consignee and the carrier have jointly checked the condition of the …”

Marco Torsello Article 32 CISG S. 175-180

„… contract, the goods were delivered, or should have been delivered”.83 Therefore, the place of delivery of …” „… the goods was given a critical role and the notion of “delivery”, introduced in the Brussels I …” „… solved the dispute in a landmark decision,86 where it affirmed that the place of delivery for …”

Klaus Ramming Article 16 Liability for loss S. 1035-1039

„… schedule place of delivery, the carrier is entitled to claim the full amount of the agreed freight (see …” „… he took them over for carriage and the time of their delivery, or resulting from delay in delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 VII. Delay in delivery …”

Section 2 Registered luggage S. 1111-1115

„… damage to, registered luggage between the time of taking over by the carrier and the time of delivery as …” „… well as from delay in delivery. The carrier is liable for the registered luggage only within the period …” „… point of consignment and the time of delivery. Article 36 of the CIV UR clearly specifies that it also …”

Klaus Ramming Article 2 Scope of application S. 1000-1002

„… discharge or the place of delivery of the goods are located in two different States of which at least one is …” „… or places of delivery, the port of discharge or the place of delivery to which the goods have …” „… place of delivery of the goods. These alternative provisions refer to circumstances were the carrier …”

Christoph Brunner, Michael Schifferli Article 38 CISG S. 200-204

„… expenses incurred. However, if it becomes clear before the stipulated time of delivery, that delivery will …” „… If a second delivery is unsuccessful, an indefinite amount of (attempted) deliveries is possible as …” „… long as the agreed upon delivery date has not yet been reached. However, the threshold for unreasonable …”

Petra Butler Article 50 CISG S. 262-268

„… proportion as the value that the goods actually delivered had at the time of the delivery bears to the value …” „… contract (for the buyer): “If the delivery is not achieved within this time period …, this will amount to a …” „… the contract applies according to Article 35(1) CISG to defects of the goods, delivery of an aliud …”

Peter Csoklich Article 15 S. 933-934

„… such omission.15 Article 15 (1) Where circumstances prevent delivery of the goods after their arrival …” „… at the place designated for delivery, the carrier shall ask the sender for his instructions. If the 6 …” „… consignment note. (2) Even if the has refused the goods, the consignee may nevertheless require delivery so …”

Petra Butler Article 48 CISG S. 249-256

„… ) Subject to Article 49, the seller may, even after the date for delivery, remedy at his own expense any …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. Cure after delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 c) Delivery of substitute goods/repair …”

CISG Marco Torsello Article 34 S. 186-189

„… . The non-timely delivery of the seller, however, may also be justified on different bases, by invoking …” „… party’s act or omission”.39 Applied to the issue of timely delivery, the provision under consideration …” „… the place of delivery, or to provide technical specification, or relevant documents. As mentioned …”

Klaus Ramming Article 24 Limitation of actions S. 1056-1060

„… . Delay in delivery (Article 23.5) In cases of delay in delivery of the goods, Article 23.5 provides for a …” „… for delay in delivery. The carrier must be notified about the delay, i.e. the mere fact that the goods …” „… delayed. The notice of the delay may be given after delivery. It is submitted that a corresponding notice …”

Stefan Kröll Article 35 Disclaimer on Transmission and Translation S. 1494-1495

„… the transmission of any messages or delivery of letters or documents, when such messages, letters or …” „… have taken the initiative in the choice of the delivery service in the absence of such instructions in …” „… the transmission of messages, delivery of letters and documents. It covers electronic communications …”

Christoph Brunner, Michael Schifferli Article 35 CISG S. 190-196

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I. General overview Art. 35-44 address the mechanisms under the CISG for delivery of conforming …” „… goods. They regulate the seller’s obligation for delivery of conforming goods (Art. 35-40, 41-42) and …” „… the procedures the buyer must follow if he wants to preserve his available remedies for delivery of …”

Petra Butler Article 47 CISG S. 243-248

„… , ie the place of original delivery.37 There is consensus that an agreement between the parties is …” „… Butler 1 2 3 4 49(1)(a), Article 25), the question of whether the delay in delivery represents a …” „… importance in cases where the delivery of defective goods represents a fundamental breach of contract and the …”

Christoph Brunner, Michael Schifferli Article 37 CISG S. 199

„… Article 37 CISG If the seller has delivered goods before the date for delivery, he may, up to that …” „… have unconditionally accepted the early delivery despite not being obliged to do so (Art 52(1)). Second …” „… delivery.1 In case of a delivery period, delivery on the latest possible day of this period is possible …”

Peter Csoklich Article 19 S. 945

„… under Art. 17 (4) lit. f) (“carriage of livestock”). Article 19 Delay in delivery shall be said to occur …” „… (1) CMR laying down the general principle that the carrier is liable for a delay in delivery, Art. 19 …” „… CMR defines the term “delay in delivery”: Delay in delivery occurs if the goods have not been …”

Klaus Ramming Article 19 Calculation of compensation S. 1045-1046

„… him shall be equal to the value of the goods at the place and on the day of delivery according to the …” „… contract of carriage. Delivery to a person other than the person entitled is deemed to be a loss. 2. In the …” „… delivery. 4. In respect of goods which by reason of their nature are exposed to wastage during carriage …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or …” „… an hour of delivery (where this is less than a reasonable time in the circumstances). Offerees may …” „… place of delivery,25 price, or method or substance of payment,26 limitations or exclusions of liability …”

Wolf Müller-Rostin Article 18 Damage to Cargo S. 1206-1212

„… , delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1. Loading, delivery, transhipment …” „… , the passenger, into possession, even if the carrier knows where the goods or baggage are (delivery to …”

Erik Evtimov, Tatyana Payosova Article 18 Right to dispose of the goods S. 1150-1151

„… done so, it is true that he is not formally obliged to take delivery of the goods. In those …” „… the goods. In other respects, delivery of the goods shall be carried out in accordance with the …” „… a cash on delivery charge, the carrier shall be obliged to compensate the consignor up to the amount …”

Klaus Ramming Article 17 Servants and agents S. 1040-1041

„… , thereby accepting them for transport and delivering them alongside the vessel. VII. Delay in delivery It …” „… is the carrier’s duty under Article 3.1 that he carries the goods to the place of delivery within the …” „… in Article 16 et seq. also refers to the liability for a delay in delivery. In so far, Article 16.1 …”

Klaus Ramming Article 15 Conditions for the exercise of the right of disposal S. 1034

„… 14.2 in that respect requires that the goods have arrived at the scheduled place of delivery. It is not …” „… necessary that the goods are discharged. Secondly, the consignee must have requested delivery of the goods …” „… the request of delivery, which thus may be and often is made orally or even impliedly. Article 14.2 (a …”

Petra Butler Article 49 CISG S. 257-261

„… fundamental breach of contract; or (b) in case of non-delivery, if the seller does not deliver the goods …” „… 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 …”

Petra Butler Article 46 CISG S. 239-242

„… in taking delivery (Art. 85). II. Article 45(2) The buyer’s entitlement to damages under Article …” „… goods do not conform with the contract, the buyer may require delivery of substitute goods only if the …” „… )) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III. Right to require delivery of substitute goods (Article 46(2 …”

Tim W. Dornis Article 70 CISG S. 317-318

„… remedies available under → Art. 45–52 and 74–77. Yet, in practice, avoidance of the contract and delivery …” „… , nor can the buyer demand delivery of substitute goods. Yet, she can nonetheless exercise her remedies …” „… case of delivery of non-conforming goods, therefore, once the buyer declares the contract avoided or …”

Peter Csoklich Article 13 S. 929-930

„… goods at the place designated for delivery, the consignee shall be entitled to require the carrier to …” „… place designated for delivery. In addition, Art. 13 (1) CMR entitles the consignee not only to sue the …” „… arrive at the place designated for delivery: As follows from Art. 12 (2) CMR, at the same time the right …”

Klaus Ramming Article 7 Dangerous and polluting goods S. 1013-1015

„… occurring after delivery is determined by the national law otherwise applicable to the contract of carriage …” „… the delivery of the dangerous or polluting goods are rendered impossible owing to the absence of an …” „… carrier prior to the delivery of the goods by the shipper to the carrier. Also, Article 7.1 clarifies that …”

Peter Csoklich Article 17 S. 938-942

„… over the goods and the time of delivery, as well as for any delay in delivery. (2) The carrier shall …” „… . 19 CMR) as well as for delivery without collection of cash-on-delivery charges (→ Art. 21 CMR); the …” „… over and delivery. The liability of the carrier for other damages, including damages which occur before …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… ’ . . . . . . . . . . . . . . . . . . . . 22 a) When does ‘delivery’ occur …” „… . . . . . . . . . . . . . . . . . . . . 47 1. Delivery outside business hours …” „… delivered to addresses specified by Art. 24.47 When does ‘delivery’ occur? Once a declaration comes within …”

Petra Butler Article 62 CISG S. 293-294

„… these obligations. In theory, however, paying 95% of the value or accepting delivery two days late …” „… Article 62 CISG The seller may require the buyer to pay the price, take delivery or perform his other …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 III. The right to demand the taking of delivery …”

Peter Csoklich Article 6 S. 914-915

„… taking over of the goods and the place designated for delivery; e) The name and address of the consignee …” „… charges incurred from the making of the contract to the time of delivery); j) The requisite instructions …” „… charges which the sender undertakes to pay; c) The amount of “cash on delivery” charges; d) A declaration …”

Erik Evtimov, Tatyana Payosova Article 23 Basis of liability S. 1155-1156

„… situated. If the consignor, in the case of circumstances preventing carriage or delivery, fails to give …” „… instructions within a reasonable time and if the circumstances preventing carriage or delivery cannot be …” „… example of Article 16 of the CMR (except for § 1). When circumstances preventing delivery exist and the …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… Buyer’s obligation CISG 6 4 – to take delivery CISG 60 1 Buyer’s right – to examine goods CISG 58 4 …” „… damage CMNI 16 11 – title to sue CMNI 16 10 Carriage CISG 31 2 – for purpose of loading, delivery …” „… . Carriage of Goods Intro 8; CMNI 3 2; Montreal Convention 2 1 – deadfreight CMNI 9 4 – delay in delivery …”

Klaus Ramming Article 13 Bill of lading S. 1030-1032

„… , further delivery cannot be claimed against other originals. 3. When the goods are taken over by the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III. Delivery under the bill of lading …” „… conclusive document which embodies in itself the claim against the carrier for delivery of the goods as well …”

Petra Butler Article 63 CISG S. 295

„… would have to be enforced in the buyer’s country.13 III. The right to demand the taking of delivery The …” „… seller is entitled to demand that the buyer takes delivery of the goods. If the parties have not agreed …” „… the seller to make delivery”14 and has to take over the goods.15 There is very limited case law …”

Tim W. Dornis Article 73 CISG S. 332-338

„… provided adequate assurance.36 Article 73 CISG (1) In the case of a contract for delivery of goods by …” „… avoided in respect of any delivery may, at the same time, declare it avoided in respect of deliveries …” „… ‘contract for the delivery of goods by instalment’, a so-called instalment contract, requires at least two …”

Petra Butler Article 58 CISG S. 285-287

„… pay the price until he has had an Opportunity to examine the goods, unless the procedures for delivery …” „… 58 and 59 stipulate the time of payment of the purchase price and the relationship between delivery …” „… Article 58 is designed to minimise risks for both parties; delivery before payment for the seller and …”

Article 25 CISG S. 130-142

„… remedy may be exercised by a party in case of a partial delivery (→ Art. 51(2) CISG). On the other side …” „… of the contract. Finally, a fundamental breach is crucial if the buyer claims the delivery of …” „… fulfilment such as the quality and quantity of the delivered goods and the time of delivery.24 Criteria of …”

Peter Csoklich Article 1 S. 901-905

„… delivery or the habitual residence of the sender is also situated in that country: If those requirements …” „… are not met, the law of the state where the place of delivery as agreed by the parties is situated …” „… of taking over of the goods and the place designated for delivery, as specified in the contract, are …”

Klaus Ramming Article 11 Nature and content S. 1022-1026

„… the goods have arrived at the place of delivery and the delivery been requested by the consignee. Mere …” „… provides the test to determine the law applicable to the carrier’s rights in the goods. III. Delivery of …” „… the goods Article 10.2 sentence 1 includes a definition of what is a delivery of the goods. Since the …”

Christoph Brunner, Michael Schifferli Article 41 CISG S. 214-219

„… , 21.3.2007, CISG-online 1626. The rules regarding non-delivery only apply if the goods are not delivered (see …” „… → Art. 53 (buyer not being able to take delivery). An excuse under → Art. 79 may be possible22 …” „… . 41, third party rights and claims must exist at the time of delivery. However, in order to prevent …”

Tim W. Dornis Article 69 CISG S. 312-316

„… he commits a breach of contract by failing to take delivery. (2) However, if the buyer is bound to …” „… delivery is due and the buyer is aware of the fact that the goods are placed at his disposal at that place …” „… the risk as soon as the buyer begins to load the goods.7 In cases of early delivery, the buyer’s …”

Peter Mankowski Article 85 CISG S. 392-394

„… (2002) (cited as “Jentsch”). Article 85 CISG If the buyer is in delay in taking delivery of the goods or …” „… , where payment of the price and delivery of the goods are to be made concurrently, if he fails to pay the …” „… . 85, the buyer is in delay in taking delivery of the goods or, where payment of the price and delivery …”

Erik Evtimov, Tatyana Payosova Article 36 Loss of right to invoke the limits of liability S. 1167

„… . Article 35 Compensation in case of interest in delivery The consignor and the carrier may agree that the …” „… delivery, in case of loss, damage or exceeding of the transit period. In case of a declaration of interest …” „… in delivery further compensation for loss or damage proved may be claimed, in addition to the …”

Erik Evtimov, Tatyana Payosova Article 37 Conversion and interest S. 1167

„… . Article 35 Compensation in case of interest in delivery The consignor and the carrier may agree that the …” „… delivery, in case of loss, damage or exceeding of the transit period. In case of a declaration of interest …” „… in delivery further compensation for loss or damage proved may be claimed, in addition to the …”

Wolf Müller-Rostin Article 31 Timely Notice of Complaints S. 1228-1229

„… Timely Notice of Complaints 1. Receipt by the person entitled to delivery of checked baggage or cargo …” „… delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest …” „… date on which the baggage or cargo was put at the disposal of the person entitled to delivery. Failure …”

Peter Csoklich Article 21 S. 947-948

„… claimant is entitled, without prejudice to any claim for compensation for delay, to require the delivery of …” „… delivery” charge which should have been collected by the carrier under the terms of the contract of …” „… delivery stipulation: Due to this provision of the CMR, the liability of a carrier failing to comply with …”

Petra Butler Foreword: the buyer’ duties S. 279

„… obligation of the buyer is to pay for the goods and accept the seller’s delivery. It is the Grundnorm …” „… must pay the price for the goods and take delivery of them as required by the contract and this …” „… outlining the obligations.1 Arguably, the primacy afforded to the obligation to pay and accept delivery …”

Petra Butler Article 53 CISG S. 279

„… obligation of the buyer is to pay for the goods and accept the seller’s delivery. It is the Grundnorm …” „… must pay the price for the goods and take delivery of them as required by the contract and this …” „… outlining the obligations.1 Arguably, the primacy afforded to the obligation to pay and accept delivery …”

Petra Butler Article 54 CISG S. 279

„… obligation of the buyer is to pay for the goods and accept the seller’s delivery. It is the Grundnorm …” „… must pay the price for the goods and take delivery of them as required by the contract and this …” „… outlining the obligations.1 Arguably, the primacy afforded to the obligation to pay and accept delivery …”

Klaus Ramming Article 14 Holder of the right of disposal S. 1033

„… the carriage of the goods, to change the place of delivery or to deliver the goods to a consignee …” „… cease to exist once the consignee, following the arrival of the goods at the scheduled place of delivery …” „… , has requested delivery of the goods and, (a) where carriage is under a consignment note, once the …”

Klaus Ramming Article 20 Maximum limits of liability S. 1047-1051

„… loss due to delay in delivery, the carrier’s liability shall not exceed the amount of the freight …” „… . Delay in delivery (Article 20.3 …” „… be an incentive to obtain an increased carrier liability. V. Delay in delivery (Article 20.3) The …”

Klaus Ramming Article 22 Application of the exonerations and limits of liability S. 1053

„… or delay in delivery of the goods covered by the contract of carriage, whether the action is founded …” „… for a loss of or damage to the goods or delay in delivery may be based not only on a breach of the …” „… Article 16 et seq. shall apply to all other claims for loss of or damage to the goods or delay in delivery …”

Tobias Eckardt Article 23 S. 951-954

„… delivery has been declared in accordance with articles 24 and 26. (7) The unit of account mentioned in this …” „… refer to the value of the goods at the place of time of delivery, but of them having been accepted for …” „… delivery is defined in → Art. 19 CMR. Damages payable under Art. 23 para. 5 CMR are payable in addition to …”

Peter Mankowski Article 82 CISG S. 384-386

„… . I. Loss of the buyer’s right to declare the contract avoided or to require delivery of substitute …” „… . . . . . . . . . . . . . . . . . . . . . . . . . 7 III. Avoidance or requiring delivery of substitute goods in spite of impossibility of restituting …” „… determines that in principle the buyer can only avoid the contract or ask the seller for the delivery of …”

Peter Csoklich Article 16 S. 935-937

„… III. Rights and duties of the carrier Whenever delivery is prevented, the carrier has to …” „… hand, if the consignee refuses to accept delivery of the goods but changes his mind later on and …” „… requires delivery, the carrier must comply with the instructions of that party whose instructions were …”

Article 29 Additional national provisions S. 1065-1067

„… the place where the goods are taken over, or the port of discharge or the place of delivery or the …” „… place of delivery or the shipper’s principal place of business is also located in that State. 4. The law …” „… are, alternatively, that the place of acceptance of the goods by the carrier,4 the place of delivery …”

Erik Evtimov, Tatyana Payosova Article 1 Scope S. 1128-1131

„… reward when the place of taking over of the goods and the place designated for delivery are situated in …” „… by rail for reward, when the place of taking over of the goods and the place designated for delivery …” „… goods, when the place of taking over of the goods and the place designated for delivery are located in …”

Wolf Müller-Rostin Article 22 Limits of Liability in Relation to Delay, Baggage and Cargo S. 1217-1220

„… declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires …” „… that the sum is greater than the passenger's actual interest in delivery at destination. 3. In the …” „… when the package was handed over to the carrier, a special declaration of interest in delivery at …”

Eckart J. Brödermann Article 6.1.1 (Time of performance) S. 596-597

„… – inter alia the freedom to determine the required time for delivery.15 Seasonal fashion goods to be …” „… period by interpretation (e.g. ‘in 10 days’;17 ‘delivery as quickly as possible’18), it is ‘determinable …” „… not granted. 11 Morán Bovio/Parra Art. 6.1.1 at p. 286; (delivery ‘in 1993-1994’ interpreted as …”

Tobias Eckardt Article 32 S. 972-973

„… case of partial loss, damage or delay in delivery, from the date of delivery; (b) In the case of total …” „… (including cases where the consignee refuses to take delivery) Art. 31 para. 1 lit. c CMR applies.7 III …” „… 1982, 649; MüKo-HGB/Jesser-Huß, Art. 32 para. 11 a; even in case of late delivery of the cargo: OLG …”

Section 3 Vehicles S. 1116

„… attributable to the carrier or delay in delivery of a vehicle, the carrier must, if the person entitled proves …” „… CIV UR the compensation for delay in delivery of a vehicle or delivery in loading attributable to the …”

Klaus Ramming Article 6 Obligations of the shipper S. 1010-1012

„… are taken over by the carrier and their delivery and so as to ensure that they do not cause damage to …” „… delivery (→ Art. 3.1) and to deliver them (see → Art. 5). II. Information on the goods Article 6.2 …” „… to documents the carrier requires to perform the carriage and the delivery of the goods. The shipper …”

Erik Evtimov, Tatyana Payosova Article 20 Circumstances preventing carriage S. 1153

„… 21 Circumstances preventing delivery When circumstances prevent delivery, the carrier must without …” „… circumstances preventing delivery. Art. 21 COTIF/CIM Erik Evtimov and Tatyana Payosova 1153 6 7 8 1 …”

Erik Evtimov, Tetyana Payosova Article 59 Extinction of right of action arising from carriage of luggage S. 1124

„… contract of carriage in case of partial loss, damage or delay in delivery. According to Article 59 of the …” „… delivery; c) in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his …”

Erik Evtimov, Tetyana Payosova Article 60 Limitation of actions S. 1124

„… contract of carriage in case of partial loss, damage or delay in delivery. According to Article 59 of the …” „… delivery; c) in case of delay in delivery, if the person entitled has, within twenty-one days, asserted his …”

Erik Evtimov, Tatyana Payosova Article 48 Limitation of actions S. 1175

„… or damage occurred between the time of taking over and the time of delivery; c) in cases where the …” „… loss or damage was not apparent. In the latter case, the entitled person has seven days after delivery …” „… action a) to recover a cash on delivery payment collected by the carrier from the consignee; b) to …”

Wolf Müller-Rostin Article 23 Conversion of Monetary Units S. 1221

„… VI. The special declaration of interest in delivery at destination (paragraphs 2 and 3) Liability …” „… declaration of interest in delivery at destination against payment of a surcharge. The carrier is obligated to …” „… the limits: a special declaration of interest in delivery at destination as per Article 22 paragraph 3 …”

Erik Evtimov, Tatyana Payosova Article 7 Wording of the consignment note S. 1139

„… referred to in letter c); e) the place and the day of taking over of the goods; f) the place of delivery; g …” „… costs, customs duties and other costs incurred from the conclusion of the contract until delivery) in so …” „… consignment note must include the place and the date of its making-out and the place of delivery (letters (a …”

Peter Csoklich Article 12 S. 926-928

„… carrier to stop the goods in transit, to change the place at which delivery is to take place or to deliver …” „… consignment note. (4) If in exercising his right of disposal the consignee has ordered the delivery of the …” „… carrier to stop the goods in transit, to change the place of delivery or to deliver the goods to another …”

Eckart J. Brödermann Article 7.3.1 (Right to terminate the contract) S. 656-661

„… ’ delivery)52 or implicit53 contractual agreement or (b) the circumstances of the case providing that …” „… documentation requirements of a letter of credit,58 delivery related obligations under the INCOTERMS CIF or FOB …” „… . whether ‘shoes’ are seasonal under the ‘reasonable use’ test; late delivery for ‘end of the year’ sales …”

Klaus Ramming Article 18 Special exonerations from liability S. 1042-1044

„… of or damage to the goods or from the delay and delivery, as Article 17.3 is part of Chapter V of …” „… to the carrier’s liability under Article 16.1 for loss of or damage to the goods or delay in delivery …” „… consignee requests their delivery (see Article 10.1). However, it is further submitted that the consignee’s …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Section I Delivery of the goods and handing over of documents Article 31 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 Section II Taking delivery Article 60 …” „… delivery of the goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 3 1003 …”

Petra Butler Article 65 CISG S. 296-297

„… article 63, perform his obligation to pay the price or take delivery of the goods, or if he declares that …” „… require the buyer to perform the contract and pay for and take delivery of the goods as specified by the …” „… part of the contractual obligations to take delivery pursuant to Article 60(a), the seller is entitled …”

Klaus Ramming Article 1 Definitions S. 993-999

„… . “Consignee” means the person entitled to take delivery of the goods; 6 (O) L 276 p.1. Art. 1 CMNI Klaus …” „… cases of loss of or damage to the goods and delay in delivery, the liability of the contractual carrier …” „… damage to the goods and delay in delivery in the same way as the contractual carrier. As a result, the …”

Peter Mankowski Article 5 CISG S. 31-32

„… established where the damage is related to incorrect instructions for use or to a first delivery which is …” „… afterwards remedied by a second delivery under → Art. 46 (3) CISG. Wrapping forms part of the goods. Mere …” „… mishandling during delivery does not, though. II. Liability in contract and liability in tort Reach of Art. 5 …”

Christoph Brunner, Michael Schifferli Article 36 CISG S. 197-198

„… foodstuff on the outside appeared fine, but had already started to moulder at the time of delivery …” „… buyer of his duty to inspect the goods as soon as possible after delivery according to → Art. 38.4 …” „… under an obligation to assemble a product after delivery and damages parts of it while doing so. A …”

Peter Mankowski Article 10 S. 435-436

„… goods or the (later) delivery date of the goods4 was the relevant date.5 (2) deals with claims arising …” „… port of delivery, regardless of the buyer bearing the risk of loss during the ocean voyage.9 If …” „… , actual delivery does not take place in the factual sense. (2) comes to the rescue by substituting actual …”

Peter Csoklich Article 7 S. 916-917

„… “cash on delivery” charges (see → Art. 21 CMR), the value of the goods (see → Art. 24 CMR) and the …” „… special interest in delivery (see → Art. 26 CMR), the agreed time-limit within which the carriage is to be …” „… value of the goods and/or of the special interest in delivery lead to the increase of the liability of …”

Peter Csoklich Article 11 S. 924-925

„… completed before delivery of the goods, the sender shall attach the necessary documents to the consignment …” „… carrier with all documents necessary for the carriage and the delivery of the goods upon the sender.1 …” „… to documents and information necessary to enable the carrier to perform the carriage and delivery of …”

Peter Csoklich Article 18 S. 943-944

„… damage, loss or delay of delivery occurred, lies upon the claimant; thereby, the claimant can rely on the …” „… in establishing a loss, damage or delay in delivery, the responsibility of the carrier is presumed …” „… loss, damage or delay in delivery.4 With respect to the special risks referred to in Art. 17 (4) CMR …”

Klaus Ramming Article 4 Actual carrier S. 1007-1008

„… delay in delivery. The basic concept is that the actual carrier’s liability corresponds to the liability …” „… the goods or delay in delivery, but is also entitled to claim from the shipper in the circumstances …” „… carrier’s liability in particular in respect of loss of or damage to the goods and delay in delivery …”

Tobias Eckardt Article 27 S. 958-959

„… covered by Art. 23, 24 or 25 CMR.1 Agreeing on a special interest in delivery thus unlimits the types of …” „… of the losses actually suffered, up to the declared value.6 A liability for late delivery under Art …” „… . 26 CMR presupposes that the parties have indeed agreed on a deadline for delivery.7 The special …”

Christoph Brunner, Michael Schifferli Article 39 CISG S. 205-211

„… non-conforming goods, but also delivery of too few or too many goods or delivery of an aliud must be notified.7 …” „… rely on. However, since repair, delivery of substitute goods or avoidance of the contract require the …” „… wrong amount of goods has been delivered and the buyer notices that upon taking delivery, the …”

Tim W. Dornis Article 80 CISG S. 377-380

„… instruct the seller about the delivery address.8 Also, a failure to accept a substitute delivery or to …” „… by the promisor (→ Art. 7(1)). Unclear instructions or incorrect information about a delivery address …” „… applicable since the buyer had not contributed to the delivery as such. 2. (3rd edn, C.H.Beck 2013); Ingeborg …”

Peter Csoklich Introduction S. 898-900

„… carriers for loss and damage of the transported goods, as well as delay in delivery (→ Art. 3, 17-29 CMR …” „… case of prevention of delivery of the goods, whereas Art. 5 para. (1) CMR refers to the law of the …” „… state of taking over the goods, the place designated for delivery or of the state of ordinary residence …”

Christoph Brunner, Michael Schifferli Article 42 CISG S. 220-225

„… terms of delivery reveal that the buyer intends to use the goods in the state in question. Practical …” „… examples are when the buyer orders delivery in another state than his own,25 if product manuals or other …” „… goods free of third party claims must be fulfilled at the time of delivery. (see → Art. 41 para. 14 et …”

Erik Evtimov, Tetyana Payosova Article 20 Marking of registered luggage S. 1101

„… goods under Article 18 and 19 of the CIM UR). Article 22 Delivery Registered luggage shall be delivered …” „… holder of the voucher is entitled to take delivery. The whole Article 22 of the CIV UR rests on the …”

Erik Evtimov, Tetyana Payosova Article 21 Right to dispose of registered luggage S. 1101

„… goods under Article 18 and 19 of the CIM UR). Article 22 Delivery Registered luggage shall be delivered …” „… holder of the voucher is entitled to take delivery. The whole Article 22 of the CIV UR rests on the …”

Tim W. Dornis Article 76 CISG S. 353-355

„… prevailing at the place where delivery of the goods should have been made or, if there is no current price at …” „… price is the place where delivery should have been – or has been – made (Article 76(2)). → Art. 31 …” „… applies.11 If there is no current price at the place of delivery, it is the price at a place where the …”

Erik Evtimov, Tatyana Payosova Article 13 Loading and unloading of the goods S. 1145

„… the consignor and unloading, after delivery, the responsibility of the consignee. The consignor shall …” „… delivery, i.e. when it acceded to the contract of carriage by accepting the consignment note (see also the …”

Erik Evtimov, Tatyana Payosova Article 14 Packing S. 1145

„… the consignor and unloading, after delivery, the responsibility of the consignee. The consignor shall …” „… delivery, i.e. when it acceded to the contract of carriage by accepting the consignment note (see also the …”

Erik Evtimov, Tetyana Payosova Article 61 Apportionment of the carriage charge S. 1125

„… , damage or delay in delivery, from the day when delivery took place; c) in all other cases involving the …”

Erik Evtimov, Tatyana Payosova Article 29 Presumption of loss of the goods S. 1162

„… after the expiry of the transit time or are not available for delivery they may be treated irrefutably …” „… as if lost; the person entitled however can elect to take delivery if the goods are subsequently …”

Petra Butler Article 61 CISG S. 292

„… pay the purchase price (Articles 53-59); – to take delivery of the goods (Articles 53, 60); – to …” „… that the primacy that is afforded to the obligation to pay and to accept delivery is such that any …”

Erik Evtimov, Tatyana Payosova Article 8 Responsibility for particulars entered on the consignment note S. 1140

„… cash on delivery charge; d) the declaration of the value of the goods and the amount representing the …” „… special interest in delivery; e) the agreed transit period; f) the agreed route; g) a list of the …”

Article 31 National transport or transport free of charge S. 1069

„… delivery are located in its own territory; (b) by derogation from article 1, paragraph 1, to carriage free …” „… place of delivery and the port of discharge or the place of discharge located on the territory of Serbia …”

Peter Mankowski Article 15 S. 441

„… “Delivery” puts the risk of a failure or error in transmission on the sender to request to …” „… ; insofar the practical difficulties involved in proving receipt by a designated person following delivery …”

Eckart J. Brödermann Article 4.4 (Reference to contract or statement as a whole) S. 566

„… accepting delivery of the wrong quality of goods for two winters, the purchaser may still insist on the …” „… proper quality for the future of a five year contract regarding the delivery of salt for ice cleaning …”

Tobias Eckardt Article 26 S. 957

„… interest in delivery in the case of loss or damage or of the agreed time-limit being exceeded, by entering …” „… such amount in the consignment note. (2) If a declaration of a special interest in delivery has been …”

Article 32 Regional provisions concerning liability S. 1070

„… loading or places where goods are taken over and ports of discharge or places of delivery, of which either …” „… the goods or delay in delivery, provide that the carrier is entitled to rely on the error in …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… seller,39 collecting or taking delivery of the goods,40 processing the goods,41 payment of the price,42 …” „… . 18 CISG Lisa Spagnolo 85 9 10 goods for shipment to the buyer,47 advising the buyer of a delivery …” „… substituted goods are intended as a counter-offer to prevent their delivery being potentially treated as …”

Peter Mankowski Article 84 CISG S. 388-391

„… continues to exist the buyer may still claim performance under Art. 46 but for the delivery of substitute …” „… the goods belatedly.34 In the case of delivery of substitute goods, the buywer can keep the benefits …” „… to keep all benefits which he had derived if the first delivery had been compliant.35 Yet these …”

Wolf Müller-Rostin Article 3 Passengers and Baggage S. 1188-1189

„… which preserves the information indicated in paragraph 1 may be substituted for the delivery of the …” „… Warsaw Convention, failure to deliver a ticket or delivery of a ticket without the routing or the agreed …”

Tim W. Dornis Article 72 CISG S. 327-331

„… performance or stops delivery without the preconditions of Article 71 being fulfilled, the debtor will be …” „… 71). Examples of fundamental breach under Article 72(2) include the repeated delivery of …” „… be able to deliver in time and does not offer an alternative date for the delivery.29 Also, a party’s …”

Martin Schauer, Magdalena Gruber Article 9 Retention of title S. 1351-1352

„… delivery of the goods. 2. Member States may adopt or retain provisions dealing with down payments already …” „… ) requires that the clause was agreed before the delivery of the good. 6 Recital 31. 7 Cf. McCormack, Journal …”

Erik Evtimov, Tatyana Payosova Article 30 Compensation for loss S. 1162-1163

„… after the expiry of the transit time or are not available for delivery they may be treated irrefutably …” „… as if lost; the person entitled however can elect to take delivery if the goods are subsequently …”

Stefan Kröll Article 1 Application of UCP S. 1420-1421

„… ” has its reason in the definition of “presentation” according to which the term means “the delivery of …” „… “commercial letter of credits” where the instrument is primarily used to ensure payment for the delivery of …”

Peter Mankowski Article 12 S. 437-438

„… by one party of a contract for the delivery of or payment for goods by instalments shall, in relation …” „… ) deals with the important case that delivery of payment is to take place in instalments. The eternal …”

Peter Csoklich Article 14 S. 931-932

„… entitled to retain the goods and to deny delivery until security has been furnished by the consignee.14 …” „… note before the goods reach the place designated for delivery, the carrier shall ask for instructions …”

Eckart J. Brödermann Article 6.1.3 (Partial performance) S. 599-600

„… partial delivery of specific floor tiles for the decoration of the entry hall of a hotel13). In case of …” „… performance if it is easy to take delivery and to refuse the surplus). 19 Again Vogenauer/Atamer Art. 6.1.3 no …”

Eckart J. Brödermann Article 7.1.3 (Withholding performance) S. 630-631

„… . “reciprocal obligations that are conditional on each other”22 such as delivery and payment)23 because Art …” „… delivery of an instruction manual for the use of complex goods). Anticipatory Suspension Similar to the …”

Eckart J. Brödermann Article 7.1.5 (Additional period for performance) S. 635-636

„… length of the contractual delivery period, the apparent interest of the obligee in expedited performance …” „… , the complexity of the task, the delay already accrued or the mode of delivery)20 provides a basis for …”

Tim W. Dornis Article 67 CISG S. 303-308

„… connected to the concept of ‘delivery’ of conforming goods.3 II. Details Article 67(1), first sentence The …” „… ‘carriage paid’ (frei Haus) or ‘free delivery’ (frei Bestimmungsort). The German Federal Court of Justice in …” „… allocation of the costs, but not as determining the place of delivery for the goods.7 It is irrelevant for …”

Klaus Ramming Article 12 Reservations in transport documents S. 1027-1029

„… discharge or the place of delivery, it shall be presumed that the loss or damage to the goods did not occur …” „… of delivery. In case goods are carried in sealed holds of the vessel, the presumption would neither …”

Klaus Ramming Article 8 Liability of the shipper S. 1016-1018

„… delivery of the goods, provided they are reasonable and are not already covered by the agreed freight …” „… damage to the goods as well as for delay in delivery (see Article 4.2) whilst it is quite unusual that …”

Klaus Ramming Article 25 Nullity of contractual stipulations S. 1061-1063

„… or damage to the goods and delay in delivery together with the provisions on the actual carrier’s …” „… Article 23. Relevant protected periods are those of Article 23.3 (“… no later than the time of delivery …”

Tim W. Dornis Article 74 CISG S. 339-348

„… substitute transaction.24 In cases of non-conforming delivery, damages cover the difference between the value …” „… rely on the costs of cure, including the costs of replacing those parts of the delivery that have …” „… late delivery or non-conforming delivery can be claimed as buyer’s damages.30 Costs of sorting out …”

Sebastian Omlor Article 26 CISG S. 143-145

„… avoidance16 or the return delivery of the goods without further notice17 do not meet the requirements set …” „… 22 may suffice. For example, a refusal to pay the price in addition to a return delivery can …”

Tobias Eckardt Article 31 S. 968-971

„… or the place designated for delivery is situated. (2) Where in respect of a claim referred to in …” „… delivery” is the place contractually agreed upon.18 7 Thume/Demuth, Art. 31 CMR para. 14 …”

Peter Csoklich Article 2 S. 906-909

„… carriage. Provided that to the extent that it is proved that any loss, damage or delay in delivery of the …” „… place of delivery. On the other hand, the length of the different parts of the journey is irrelevant; it …”

Tim W. Dornis Article 75 CISG S. 349-352

„… delivery and thus manufactures the goods to be sold to her third-party customers herself, the costs of …” „… stipulated delivery.18 Depending on the circumstances, the length of the period may vary. Substitute …”

Erik Evtimov, Tatyana Payosova Article 6 Contract of carriage S. 1134-1138

„… Performance of the Contract of Carriage 1134 Erik Evtimov and Tatyana Payosova 4 1 2 1 ignated for delivery …” „… delivery” (→ Art. 23 § 1 of the CIM UR). National laws frequently provide no upper limit for the liability …”

Erik Evtimov, Tetyana Payosova Article 23 Conditions of carriage S. 1103

„… conditions governing acceptance for carriage, registration, loading and carriage, unloading and delivery as …”

Erik Evtimov, Tetyana Payosova Article 24 Carriage voucher S. 1103

„… conditions governing acceptance for carriage, registration, loading and carriage, unloading and delivery as …”

Erik Evtimov, Tatyana Payosova Article 9 Dangerous goods S. 1141

„… incurred from the time of the conclusion of the contract to the time of delivery) shall be paid by the …”

Erik Evtimov, Tatyana Payosova Article 10 Payment of costs S. 1141

„… incurred from the time of the conclusion of the contract to the time of delivery) shall be paid by the …”

Erik Evtimov, Tatyana Payosova Article 44 Persons who may bring an action against the carrier S. 1172

„… person who made the payment. An action in respect of cash on delivery payments may only be brought by the …”

Erik Evtimov, Tatyana Payosova Article 45 Carriers against whom an action may be brought S. 1172

„… person who made the payment. An action in respect of cash on delivery payments may only be brought by the …”

Wolf Müller-Rostin Article 26 Invalidity of Contractual Provisions S. 1224

„… or the baggage, whereas the special declaration of interest in delivery at destination additionally …”

Wolf Müller-Rostin Article 27 Freedom to Contract S. 1224

„… or the baggage, whereas the special declaration of interest in delivery at destination additionally …”

Wolf Müller-Rostin Article 28 Advance Payments S. 1224

„… or the baggage, whereas the special declaration of interest in delivery at destination additionally …”

Petra Butler Article 64 CISG S. 296

„… article 63, perform his obligation to pay the price or take delivery of the goods, or if he declares that …”

Erik Evtimov, Tatyana Payosova Article 43 Claims S. 1171

„… duplicate or the cash on delivery voucher so that they may be endorsed to the effect that settlement has …”

Erik Evtimov, Tatyana Payosova Article 46 Forum S. 1173

„… delivery payments may be brought only against the carrier who has taken over the goods at the place of …”

Erik Evtimov, Tatyana Payosova Article 49 Settlement of accounts S. 1176

„… of the transit period, from the day when delivery took place; c) in all other cases, from the day …”

Wolf Müller-Rostin Article 16 Formalities of Customs, Police or Other Public Authorities S. 1198

„… certain public authorities prior to the delivery of the cargo to the consignee in order to avoid official …”

Eckart J. Brödermann Article 6.1.13 (Imputation of non-monetary obligations) S. 615

„… the extent that the performance of non-monetary obligations (e.g. the delivery of cement under a …”

Wolf Müller-Rostin Article 2 Carriage Performed by State and Carriage of Postal Items S. 1188

„… which preserves the information indicated in paragraph 1 may be substituted for the delivery of the …”

Eckart J. Brödermann Article 9.1.2 (Exclusions) S. 718

„… exchange and bills of lading;2 but also checks) which are assigned “by endorsement or delivery of document …”

Peter Csoklich Article 20 S. 946

„… without prejudice to any claims to compensation for delay in delivery under article 23 and, where …”

Erik Evtimov, Tatyana Payosova Article 15 Completion of administrative formalities S. 1146

„… formalities required by customs and other administrative authorities, to be completed before delivery of the …”

Erik Evtimov, Tatyana Payosova Article 47 Extinction of right of action S. 1174

„… over by the carrier or the place designated for delivery is situated. Other courts or tribunals may not …”

Wolf Müller-Rostin Article 37 Right of Recourse against Third Parties S. 1235

„… the first carrier, and the passenger or consignee who is entitled to delivery will have a right of …”

Wolf Müller-Rostin Article 40 Respective Liability of Contracting and Actual Carriers S. 1238

„… defences conferred by this Convention or any special declaration of interest in delivery at destination …”

Wolf Müller-Rostin Article 41 Mutual Liability S. 1238

„… defences conferred by this Convention or any special declaration of interest in delivery at destination …”

Stefan Kröll Article 30 Tolerance in Credit Amount, Quantity and Unit Prices S. 1490

„… for a degree of flexibility as the goods do not lend themselves to precise packaging or delivery. The …”

Eckart J. Brödermann Article 1.8 (Inconsistent behaviour) S. 494

„… praetor-cases18 and the extreme example developed by Schlechtriem of a timely delivery at 1 a.m. of the agreed …”

Eckart J. Brödermann Article 6.1.4 (Order of performance) S. 601

„… different countries, agreements like”cash on delivery, documents against payment, payment according to …”

Eckart J. Brödermann Article 6.1.11 (Costs of performance) S. 612

„… taking delivery; and (ii) payment by the obligor of costs related to the duty to pay, e.g. of bank …”

Eckart J. Brödermann Article 7.3.2 (Notice of termination) S. 662

„… ) ‘within a reasonable time’9 after actual or constructive knowledge10 of (i) the offer of a late delivery11 …”

Erik Evtimov, Tetyana Payosova Article 6 Contract of carriage S. 1090

„… include carriage of luggage and vehicles and their delivery at the place of destination. The latter two …”

Erik Evtimov, Tatyana Payosova Article 24 Liability in case of carriage of railway vehicles as goods S. 1157

„… delivery and for loss or damage resulting from exceeding the transit period, unless he proves that the loss …”

Erik Evtimov, Tatyana Payosova Article 25 Burden of proof S. 1158

„… proof for the carrier. The delivery of passenger carriages or new freight wagons does not fall within …”

Erik Evtimov, Tatyana Payosova Article 26 Successive carriers S. 1159

„… carriage over the entire route up to delivery. The CIM UR, among others, governs the model of successive …”

Erik Evtimov, Tatyana Payosova Article 34 Compensation in case of declaration of value S. 1166

„… interest upon delivery, the only amount is the amount of damage, proven by the beneficiary, ac- Art. 34 …”

Wolf Müller-Rostin Article 4 Cargo S. 1190

„… carriage to be performed may be substituted for the delivery of an air waybill. If such other means are …”

Stefan Kröll Article 34 Disclaimer on Effectiveness of Documents S. 1493

„… , condition, packing, delivery, value or existence of the goods, services or other performance represented by …”

Petra Butler Article 57 CISG S. 284

„… either be based on when the risks passes to the buyer6 or when the goods arrive at the place of delivery …”

Eckart J. Brödermann Article 9.1.12 (Adequate proof of assignment) S. 733

„… the time of its delivery (Art. 1.10(2)).11 1. 1 Cf. Vogenauer/Mazza Art. 9.1.12 no. 6. 2 Official …”

Article 30 Carriage by way of specific inland waterways S. 1068

„… ends, whether a carrier is entitled to rely on the lien after delivery of the goods and, in particular …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… seems reasonable, as delivery of an invoice may take a considerable amount of time and the creditor …” „… receipt of the invoice is traditionally not laid down in a contract, it might be unclear when delivery had …” „… decides to provide advance delivery and delivers his goods on 10 June, no alteration to the agreement has …”

Petra Butler Article 59 CISG S. 288

„… notification sent in order to bring about the delivery does not expressly fall under its ambit. Furthermore …”

Klaus Ramming Article 21 Loss of right to limit liability S. 1052

„… loss of or damage to the goods or the delay in delivery is caused by the carrier’s personal qualified …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… existence later, such the market price at time of delivery.14 Price or quantity will be sufficiently …” „… by the nature of the goods.33 Time and place of delivery might be highly material in certain …” „… to obligations dealt with by the CISG such as quality, description, delivery and payment, should …”

Wolf Müller-Rostin Article 17 Death and Injury of Passengers – Damage to Baggage S. 1198-1205

„… certain public authorities prior to the delivery of the cargo to the consignee in order to avoid official …” „… pursuant to Article 3 and has been checked in. The carrier’s 32 Including possible land delivery of baggage …”

Eckart J. Brödermann Article 7.3.7 (Restitution with respect to long-term contracts) S. 672-673

„… providing for delivery in instalments,9 commercial agency, distributorship, franchising, lease and general …”

Stefan Kröll Article 31 Partial Drawings or Shipments S. 1490-1491

„… for a degree of flexibility as the goods do not lend themselves to precise packaging or delivery. The …”

Klaus Ramming Article 9 Termination of the contract of carriage by the carrier S. 1019-1020

„… contract of carriage (see → Art. 29.1 through 29.3), the carrier would be entitled to withhold delivery of …”

Eckart J. Brödermann Article 2.1.12 (Writings in confirmation) S. 509-510

„… , time of delivery, liability may usually be material).9 The test is whether, under the circumstances of …”

Eckart J. Brödermann Article 3.2.2 (Relevant mistake) S. 540-541

„… , quality and quantity of the goods, place and time of delivery, extent of one party's liability are usually …”

Eckart J. Brödermann Article 5.2.1 (Contracts in favour of third parties) S. 585-586

„… offer to release ‘for value’ (e.g. expectation to receive delivery of part of the goods in time by …”

Eckart J. Brödermann Article 6.1.6 (Place of performance) S. 604-605

„… debated stipulations: ‘free delivery Milan’;20 INCOTERM C-Terms may imply the place of destination as …”

Eckart J. Brödermann Article 6.1.14 (Application for public permission) S. 615-616

„… the extent that the performance of non-monetary obligations (e.g. the delivery of cement under a …”

Eckart J. Brödermann Article 7.1.2 (Interference by the other party) S. 628-629

„… result (e.g. the construction and/or delivery of a product) is due (strict liability; → Art. 5.1.4(1 …”

Eckart J. Brödermann Article 7.2.4 (Judicial penalty) S. 653-654

„… circumstances, repair may require different means, e.g. the delivery of missing goods (or ‘missing money’ in …”

Eckart J. Brödermann Article 7.3.3 (Anticipatory non-performance) S. 663-664

„… ) (→ Arts. 7.1.5(3) and 7.3.1(3)), (ii) in case of ‘total’ non-delivery’,21 and (iii) if the (partial …”

Eckart J. Brödermann Introduction S. 784-785

„… the price in case of joint buying) and co-obligees (e.g. for delivery of the goods or service …”

Peter Csoklich Article 10 S. 922-923

„… loss or apparent damages are discovered upon delivery, there is a presumption of fact that the partial …”

Eckart J. Brödermann Article 5.1.4 (Duty to achieve a specific result. Duty of best efforts) S. 575-576

„… delivery of a ‘legal opinion’) as opposed to the ‘best efforts’ obligations3 addressed in para. 2 (e.g. to …”

Eckart J. Brödermann Article 6.1.5 (Earlier performance) S. 602-603

„… Schlechtriem&Schwenzer/Müller-Chen Art. 52 para. 3 (“The right to reject delivery … may not be exercised ‘vexatiously’ … in …”

Eckart J. Brödermann Article 6.1.7 (Payment by cheque or other instrument) S. 606-607

„… “that the place of payment is the obligor’s place of business”26 Agreeements like “cash on delivery …”

Eckart J. Brödermann Article 7.4.7 (Harm due in part to aggrieved party) S. 686-687

„… properly and in good line after delivery”,12 failure to “give all the necessary instructions to the …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… between undertakings or between undertakings and public authorities which lead to the delivery of goods or …” „… ‘commercial transaction’ typically bears the main elements of a synallagmatic relationship, namely delivery of …”

Peter Mankowski Article 1 CISG S. 11-19

„… deliver the goods and to pass title in them to the buyer; the buyer has to pay and has to take delivery of …” „… between moveables and immoveables is drawn at the intended time of the delivery. If the chattel at stake …”

Stefan Kröll Article 3 Interpretations S. 1427-1429

„… different uses of the term in the UCP. First, it can refer to “the delivery of documents under a credit to …”

Christoph Brunner, Michael Schifferli Article 43 CISG S. 226-228

„… goods. V. Burden of proof After taking delivery, the buyer carries the burden of proof for the …”

Christoph Brunner, Michael Schifferli Article 44 CISG S. 229-231

„… delivery of substitute goods. 1 Cesare M. Bianca, ‘Art 35’, Commentary on the international sales law: The …”

Tobias Eckardt Article 39 S. 981-983

„… taken over or the place designated for delivery is situated, Art. 31 para. 1 b) CMR (unless the courts …”

Peter Mankowski Article 81 CISG S. 381-383

„… If the buyer opts for delivery of substitute goods in accordance with → Art. 46 (2), this is an …”

Peter Mankowski Article 86 CISG S. 395-397

„… the buyer requesting delivery of substitute goods, reduction oft he price or damages, either.6 The …”

Eckart J. Brödermann Article 6.1.12 (Imputation of payments) S. 612-614

„… taking delivery; and (ii) payment by the obligor of costs related to the duty to pay, e.g. of bank …”

Eckart J. Brödermann Article 11.1.1 (Definitions) S. 786-788

„… . Brödermann 1 2 3 [the ‘whole’7 of] this performance”8 (e.g. building of a plant, delivery of goods, payment …”

Eckart J. Brödermann Article 11.1.10 (Extent of contributory claim) S. 803-805

„… the delivery of goods is made under the regime of the UNIDROIT Principles and there is no distinct …”

Klaus Ramming Introduction S. 990-992

„… carrier’s liability under the contract of carriage for loss of or damage to the goods or delay in delivery …”

Sebastian Omlor Article 29 CISG S. 153-155

„… quantity of the purchased goods,6 an adjustment to the delivery modalities,7 a settlement,8 a remission9 or …”

Eckart J. Brödermann Article 7.3.6 (Restitution with respect to contracts to be performed at one time) S. 669-671

„… exchanged prior to the due date of the performance (it may concern e.g. delivery of material to be used by …”

Eckart J. Brödermann Article 7.4.13 (Agreed payment for non-performance) S. 695-697

„… delivery11 or per day of late return of leased goods,12 or loss of a deposit made for the rental of machine …”

Tobias Eckardt Article 41 S. 984-986

„… liability), Art. 26 CMR (special interest in delivery), Art. 31 CMR para. 1 (jurisdiction of additional …”

Wolf Müller-Rostin Article 1 Scope of Application S. 1184-1187

„… to delivery but also to claim compensation for damage to or destruction, loss or delay of cargo.10 …”

Lisa Spagnolo Article 15 CISG S. 70-73

„… is that it more closely tracks the Art. 24 emphasis on ‘delivery’ of the communication, and …”

Sebastian Omlor Article 27 CISG S. 146-149

„… buyer’s notice on the delivery date under → Art. 33(b) CISG. Taking the international character of the …”

Stefan Kröll Article 2 Definitions S. 1422-1426

„… bank. Presentation means either the delivery of documents under a credit to the issuing bank or …”

Petra Butler Introduction to Articles 45–65 CISG S. 232-237

„… validly avoided the contract the seller can generally still perform the contract after the delivery …”

Eckart J. Brödermann Article 7.2.2 (Performance of non-monetary obligation) S. 647-651

„… . immediately after delivery in case of goods destined for immediate use,58 which may be a matter of hours in …”

Martin Schauer, Magdalena Gruber Article 7 Unfair contractual terms and practices S. 1342-1349

„… site will entail different periods than delivery of a pen).22 In summary, it is very difficult to …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… March 2009, CISG-online 2165 (requesting an invoice and sending a delivery plan amounted to implied …”

Tim W. Dornis Article 71 CISG S. 319-326

„… the delivery of the goods. The buyer must not yet have physical possession of the goods. It does not …”

Tim W. Dornis Article 79 CISG S. 367-376

„… , cases of partial non-performance are also covered.7 Even though it is contested, the delivery of …”

doi.org/10.5771/9783845276564

Dariusz Szostek, Mariusz Załucki - Legal Tech

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Dariusz Szostek (ed.), Mariusz Załucki (ed.)

Legal Tech

2021

Results in this title

Sylwester Szczepanik, Michal Tabor Electronic Delivery S. 415-432

„… Electronic Delivery Sylwester Szczepanik, Michał Tabor Introduction The exchange of letters …” „… ) the implementation of delivery with own human resources (including each other). If a postal operator …” „… elements as the time of delivery, the probability of receiving the parcel by the other party and possibly a …”

Iga Kurowska France S. 521-526

„… framework for e-delivery of legal documents in France. Although courts and public administration have been …” „… . E-delivery Since 2005, “The electronic communication”14 is a separate part of the French Civil Procedure Code …” „… to embrace the opportunities arising from legal technology. The e-delivery of judicial decisions has …”

Pierpaolo Marano, Mario Zanin, Enrico Maria Scavone Italy S. 553-582

„… test the design and development of an ecosystem-based on DLT for the delivery of digital public …” „… communication system capable of attesting the sending and delivery of an e-mail and providing third-party …” „… address elected at a certified electronic mail service or a qualified certified electronic delivery …”

Tomasz Zalewski Basic Principles for the Effective Use of Legal Tech Tools S. 315-332

„… relationship. These tools usually lead to improvements in the speed of service delivery and often in the …” „… the direct delivery of legal services is already a step that requires a change of habits on both the …” „… change the service delivery model in such law firms. The same is true in legal in-house departments …”

Vytautas Nekrošius Lithuania S. 583-586

„… . Electronic communication with courts. Regulatory framework, delivery and submission of documents. Is …” „… provided the contact details required. The procedure and form of delivery of procedural documents by …”

Aleksandra Partyk Poland S. 597-614

„… orders undergo serving in paper form, after their printouts are prepared. The delivery takes place via …” „… state-owned mail company] which has been appointed the operator performing the delivery of court letters. An …” „… electronic confirmation of reception consists in delivery of a letter or parcel basing on a record present on …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Legal Communication Self Sovereign Identity 407 Michal Tabor Electronic Delivery 415 Sylwester …”

Maddalena Castellani China S. 503-520

„… procedures were conducted by the Platform, including filing for litigation, the trial hearing, the delivery …” „… delivery, the application of electronic evidence, the rationality of the proceedings in the second instance …”

Thiago Santos Rocha Brazil S. 487-502

„… innovation has shown itself capable of producing standardized solutions in the delivery of services in …” „… improve service delivery; and m) Real Estate Tech - application of information technology through …”

Anna Zalesinska, Dariusz Szostek Electronic Communication S. 433-462

„… , including the delivery of a judgment and the presentation of the oral grounds therefor, or the provision of …” „… after the delivery of the operative part of the judgment, and then recorded by that device, in civil …” „… delivery service via Case Information System (Portal Informacyjny)52. Where cross-border communication is …”

About the authors S. 617-628

„… Digital Affairs. Coordinator the legislation process of bill of Act of Electronic Delivery. 28. Kamil …”

Tomasz Grzegory, Janos Puskas Legal Tech - Bringing Law into the “Twentieth” Century S. 81-98

„… use of potential evidence in appropriate forms and using appropriate delivery mechanisms. ESI can be …”

Bibliography S. 629-673

„… _Abschlussbericht.pdf;jsessionid=403E9295A2AF9CB0FBA9909024CD 2AFA.delivery2-replication?__blob=publicationFile&v=1> accessed 26 …”

doi.org/10.5771/9783748922834

Patrick Ostendorf - International Sales Terms

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Patrick Ostendorf

International Sales Terms

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2014

Results in this title

Delivery Terms S. 97-103

„… purchaser seems unreasonable. III. Delivery Terms 1. The suggested clause § 3 TERMS OF DELIVERY (1) The …” „… Seller may withhold delivery until due payments have been made (or, as the case may be, a letter of …” „… performance of the delivery of the Products have been discharged. (2) Partial deliveries of the Products shall …”

The Main Contract Document S. 74-92

„… place of business. Payment Terms: Payment shall become due upon delivery of the Contractual Products in …” „… accordance with the Delivery Terms set forth below. Payment shall be effected via letter of credit against …” „… . […] Delivery Terms: […] (INCOTERMS 2010) subject to any amendments set forth in the International Sales Terms …”

Appendix S. 164-196

„… payment is the Seller’s place of business. Payment Terms: Payment shall become due upon delivery of the …” „… Contractual Products in accordance with the Delivery Terms set forth below. Payment shall be effected via …” „… . Commercial Invoice 2. […] Delivery Terms: […] (INCOTERMS 2010) subject to any amendments set forth in the …”

Export Control Regulations S. 133-135

„… clause § 8 EXPORT CONTROL REGULATIONS (1) Delivery obligations of the Seller are subject to the condition …” „… the event that the delivery of the Products is prevented by export control regulations or other …” „… legally mandated restrictions for more than three (3) months from the scheduled delivery date, both …”

Index S. 196-201

„… goods see consumer contracts see damages see delay see delivery of substitute goods see fundamental …” „… , 72 – ~ in delivery 4, 31, 53, 103, 106, 181, 185, 195, 219–222, 224–226, 257, 263, 302 – ~ in payment …” „… 34, 72, 73, 76 see also interest delivery – delay in delivery see there – delivery date 31, 37, 181 …”

General Part S. 18-74

„… international commercial contracts, for a cap on the seller’s liability in case of delay in delivery. The cap on …” „… the delay in delivery.17 12 See for instance § 13.2 UN ECE 188 as well as § 47 Orgalime S 2012 (n 10 …” „… respectively delivery of the goods rather than the provision of separate services, see LG Mainz (26 Nov 1998 …”

Payment Terms S. 94-97

„… of delivery, any failure to duly provide the requested documentation referred to above or any other …” „… shall have an expiry date of at least four (4) months from the contractual delivery date respectively …” „… the end of the contractual delivery period. All bank charges and fees shall be at the Purchaser’s …”

Avoidance by the Seller S. 135-136

„… perform his contractual obligations whose performance is necessary for the delivery of the Products or to …” „… take delivery pursuant to the Contract within fourteen (14) days after request of the Seller in that …” „… purchaser does not perform his primary obligation to pay the price and/or take delivery of the goods even …”

Product Defects S. 105-115

„… other external influences not attributable to the Seller. (4) In case of delivery of non-conforming …” „… borne by the Purchaser. A right of the Purchaser to claim delivery of substitute Products is explicitly …” „… performance of the contract, Art 46 (1) CISG. This general remedy is in the event of the delivery of …”

Limitation of Actions S. 126-133

„… providing for a warranty period of “no longer than 24 months” from delivery. Though the goods were delivered …” „… tender of delivery but on discovery of a breach in the event that a “warranty explicitly extends to …” „… within one year from date of delivery to have been defective when delivered […] and provided immediate …”

Exclusion/Limitation of Damages Claims S. 115-126

„… or intentional misconduct attributable to the Seller. (2) Without prejudice to § 3 (Delay in Delivery …” „… Delivery) but notwithstanding anything to the contrary elsewhere, theSeller shall inno event and …” „… 09.10.2013 13:52:29 3B2 9.1.431; Page size: 160.00mm 240.00mm any delay in delivery. The seller must be …”

General Provisions S. 92-94

„… the country of destination due to either the agreed terms of delivery, any failure to duly provide the …” „… the contractual delivery date respectively the end of the contractual delivery period. All bank …”

Arbitration and Litigation S. 151-164

„… warranty claims based on defective goods even after the delivery of the goods and payment of the contract …” „… delivery of the Contractual Products in accordance with the Delivery Terms set forth below. Payment shall …” „… International Sales Terms: 1. Commercial Invoice 2. […] Delivery Terms: […] (INCOTERMS 2010) subject to any …”

Retention of Title S. 103-105

„… rendered at the time of delivery of the goods respectively shortly thereafter. 426 See Art 81 (2) CISG …” „… that aims (in case of delivery of raw materials and their subsequent transformation into new products …”

Titelei/Inhaltsverzeichnis S. 1-17

„… ....................................................... 63 IV. Delivery and Trade Terms …” „… 3B2 9.1.431; Page size: 160.00mm 240.00mm III. Delivery Terms …”

Force Majeure S. 138-141

„… payment obligations or of the obligation to take delivery is prevented by an unforeseeable impediment. It …”

doi.org/10.5771/9783845259000

Reiner Schulze - Common European Sales Law (CESL)

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Reiner Schulze (ed.)

Common European Sales Law (CESL)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

Results in this title

Article 130 Early delivery and delivery of wrong quantity S. 605-611

„… to contribute actively to the delivery, by picking up goods at the seller’s premises (if this is the …” „… place of delivery), by unloading goods from the first carrier in a FCA sale, or simply by allowing the …” „… seller access to the buyer’s premises if this is the place of delivery. Other conduct includes signing …”

Article 129 Taking delivery S. 602-605

„… Taking delivery Article 129 Taking delivery The buyer fulfils the obligation to take delivery by: (a …” „… delivery, one of the buyer’s two main obligations listed in art 123. I. Main ideas, underlying principles …” „… , purpose The delivery of goods or of digital content will frequently necessitate some co-operation by the …”

Article 94 Method of delivery S. 482-487

„… Article 94 Method of delivery 1. Unless agreed otherwise, the seller fulfils the obligation to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 A. Objectives Art 94 defines the method of delivery. According to art 91(a), the obligation to …” „… delivery is one of the main obligations of the seller. However, the CESL (P) does not make a full use of …”

Article 95 Time of delivery S. 487-490

„… the contract. However, the content of delivery needs to be established in all these cases according to …” „… the content of the agreement between the parties. The provisions defining delivery do not provide …” „… enough support, which results in an unclear relation to the provisions governing the place of delivery …”

Article 93 Place of delivery S. 477-482

„… the text of the CESL (P) it is not possible to abandon this ambiguity. Section 2 Delivery Article 93 …” „… Place of delivery 1. Where the place of delivery cannot be otherwise determined, it is: (a) in the case …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 IV. Place of delivery in other cases …”

Article 115 Termination for delay in delivery after notice fixing additional time for performance S. 555-557

„… for delay in delivery after notice fixing additional time for performance 1. A buyer may terminate the …” „… contract in a case of delay in delivery which is not in itself fundamental if the buyer gives notice fixing …” „… of delivery (cf art 135 no 7). Where the remedy of termination is concerned, it does not matter …”

Article 123 Main obligations of the buyer Dannemann S. 570-574

„… buyer 1. The buyer must: (a) pay the price; (b) take delivery of the goods or the digital content; and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 III. Taking delivery of goods …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IV. Taking delivery of digital services …”

Article 99 Conformity with the contract S. 500-508

„… proceeds, the seller may claim the damages for the failure in taking the delivery, according to the general …” „… rules of art 159(1) et seq. Article 98 Effect on passing of risk The effect of delivery on the passing …” „… of risk is regulated by Chapter 14. Art 98 clarifies that the provisions governing the delivery do …”

Article 97 Goods or digital content not accepted by the buyer S. 494-500

„… content because the buyer, when bound to do so, has failed to take delivery must take reasonable steps to …” „… . . . . . . . . . . . . . . . . . . . . . . . 4 II. Buyer’s failure to take delivery …” „… A. Objectives Art 97 governs the duties of the seller if the buyer has not accepted the delivery in …”

Article 143 Time when risk passes S. 645-646

„… contract between traders the risk passes when the buyer takes delivery of the goods or digital content or …” „… the passing of the risk in B2C contracts. Art 143 uses the concept of delivery as the criterion of …” „… : firstly, when the buyer takes delivery of the goods or digital content; secondly, when the buyer takes …”

Article 87 Non-performance and fundamental non-performance S. 433-445

„… , and includes: (a) non-delivery or delayed delivery of the goods; (b) non-supply or delayed supply of …” „… the digital content; (c) delivery of goods which are not in conformity with the contract; (d) supply …” „… buyer to take delivery or take the documents are presented in art 123(b) and (c) as main obligations …”

Article 98 Effect on passing of risk S. 500

„… proceeds, the seller may claim the damages for the failure in taking the delivery, according to the general …” „… rules of art 159(1) et seq. Article 98 Effect on passing of risk The effect of delivery on the passing …” „… of risk is regulated by Chapter 14. Art 98 clarifies that the provisions governing the delivery do …”

Article 126 Time of payment S. 584-589

„… delivery. 2. The seller may reject an offer to pay before payment is due if it has a legitimate interest in …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Payment due on delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. When delivery occurs …”

Article 144 Goods placed at buyer’s disposal S. 646-648

„… ). Although one could presume that ‘taking delivery’ (paragraph 1) and ‘obtained the control’ (art 142[2]) are …” „… paragraph 1 is not sufficiently coordinated with the rules governing delivery (art 94[1][b] and [c]). The …” „… delivery of the documents is also one of the methods of delivery in the meaning of the last sentence of art …”

Article 132 Requiring performance of buyer’s obligations S. 614-619

„… IV. Cumulation of remedies Cf art 106 no 4. In cases of delivery of an excess quantity under art …” „… delivery, and may recover the price, unless the seller could have made a reasonable substitute transaction …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 II. Taking delivery of goods …”

Article 122 Requirement of notification of lack of conformity in sales contracts between traders S. 566-570

„… buyer must examine the goods in a short period as is reasonable. The period starts with the delivery (cf …” „… practical terms that the buyer must begin the inspection of the goods immediately after their delivery. II …” „… of delivery. It means that the period starts if the buyer acquires the direct control over the goods …”

Article 91 Main obligations of the seller S. 469-473

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Delivery of goods …” „… obligations that serve a supportive function to the main obligations. The obligations of delivery (supply of …” „… contract of sale. In such cases, the delivery of goods may play only a supportive function to the supply of …”

Article 44 Obligations of the trader in the event of withdrawal S. 273-278

„… reimburse all payments received from the consumer, including, where applicable, the costs of delivery …” „… to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery …” „… other than the least expensive type of standard delivery offered by the trader. 3. In the case of a …”

EXPLANATORY MEMORANDUM Explanatory Memorandum S. 788-817

„… requirements, difficulties in delivery, language and culture, traders ranked contract-law-related obstacles …” „… off-premises contracts, as well as certain aspects of delivery of goods and passing of risk. In respect of …” „… 104 1 et seqq, 122 1 et seqq – passing of risk 143 1 et seqq – place of delivery 93 1 et seqq …”

Article 113 Right to withhold performance S. 551-553

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. Right to withhold performance if the buyer has to perform at the time of or after delivery …” „… . Explanation I. Right to withhold performance if the buyer has to perform at the time of or after delivery …” „… According to art 126, the payment of the price is due at the moment of delivery. Therefore the buyer does …”

Article 42 Withdrawal period S. 265-269

„… expires after fourteen days from: (a) the day on which the consumer has taken delivery of the goods in the …” „… related services; (b) the day on which the consumer has taken delivery of the last item in the case of a …” „… the consumer has taken delivery of the last lot or piece in the case of a contract where the goods …”

Article 109 Cure by the seller S. 532-540

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Right to cure in cases of early delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. The right to cure after lapse of time for delivery . . . . . . . . . . . . . . . . . . . . . 10 …” „… the time for delivery. The distinction between these two cases (which is partially 3 Cf Schopper …”

Article 96 Seller’s obligations regarding carriage of the goods S. 490-494

„… done within the period of 30 days, although the time needed for the delivery does not extend beyond …” „… read in the formulation of art 95(2). IV. Delivery before the lapse of a fixed period According to art …” „… 130(1), the buyer must take delivery unless the buyer has a legitimate interest in refusing to do so, if …”

Article 145 Carriage of the goods S. 648-650

„… entitled to withhold taking delivery if the requirements of art 113 are satisfied (cf art 113 nos 5–9). II …” „… place of business, eg in ‘ex warehouse’, ‘ex works’ or ‘ex quay’ sales or delivery by the seller to the …” „… , if these two requirements have been fulfilled, the risk will pass at the moment when delivery is due …”

Article 142 Passing of risk in a consumer sales contract S. 642-645

„… contrast to B2B relationships, art 142 does not refer to the notion of delivery as the determinative moment …” „… delivery (art 94) even in the case of B2C contracts are not mandatory; hence it was necessary to induce the …” „… delivery. Therefore the relevance of art 141 as a ‘general rule’ is questionable. Paragraph 2 contains an …”

Article 168 Rate of interest and accrual S. 704-708

„… delays the payment of a price due under a contract for the delivery of goods, supply of digital content …” „… finalised. The maximum duration of the examination procedure cannot exceed 30 days from the date of delivery …” „… event such as the conclusion of the contract, delivery, the receipt of an invoice or similar.1 If a …”

Titelei/Inhaltsverzeichnis S. 1-17

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 92 436 Section 2 Delivery Place of delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 93 440 Method of delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 94 445 Time of delivery …”

Article 92 Performance by a third party S. 473-477

„… software. The notion of the delivery is to be adapted to the character of the document. In some cases, it …” „… exceptional that eg the buyer would have a real interest in the personal delivery by the seller. It is also …” „… difficult to imagine that the buyer would insist on the personal delivery of the documents by the seller …”

Article 133 Right to withhold performance S. 619-623

„… and buyer to perform concurrently Under art 125, payment is by default due on delivery. In consequence …” „… , under paragraph 1, the seller need not tender delivery if the buyer does not tender payment, and vice …” „… in advance, this will normally imply that delivery is not due before the buyer has paid, with the …”

Article 114 Termination for non-performance S. 553-555

„… . According to art 130(2) the buyer may refuse partial delivery if it has a legitimate interest in doing so …” „… . If the buyer refuses the partial delivery according to this provision, it may withhold the entire …” „… payment; however, if the buyer takes the delivery, it may refuse only a respective part. Therefore arts …”

Article 131 Overview of seller’s remedies Dannemann S. 611-614

„… . Similarly, the buyer can be prevented from taking delivery of the goods (art 123[1][b]) or documents …” „… cases of delivery of an excess quantity under art 130(3), the seller must first wait for the buyer’s …” „… , the seller may nonetheless require the buyer to take delivery, and may recover the price, unless the …”

Article 170 Unfair contract terms relating to interest for late payment S. 711-715

„… examination of goods, on which the payment depends, longer than 30 days from delivery, is presumed unfair (see …” „… payment is invalid (non-binding), then art 126 is applicable: payment is due upon delivery. However, this …” „… or the invoice was received before delivery, then the time period runs from the delivery of goods …”

Article 16 Information about the contract terms S. 176-179

„… for payment, delivery of the goods, supply of the digital content or performance of the related …” „… information provided on the arrangements for the delivery of goods, supply of digital content or performance …” „… delivery or at least whether courier or the mail service is to be used and the address to which the goods …”

Appendix 1 Model instructions on withdrawal S. 780-784

„… all payments received from you, including the costs of delivery (with the exception of the …” „… supplementary costs resulting from your choice of a type of delivery other than the least expensive type of …” „… standard delivery offered by us), without undue delay and in any event not later than 14 days from the day …”

Article 119 Loss of right to terminate S. 561-563

„… constitutive elements of the performance has not occurred, eg if there was no delivery. If the delivery has …” „… delivery of the different item (aliud ad alia) cannot be also qualified as the entire non-performance in …” „… the meaning of art 119. In the case of partial delivery, the exception of paragraph 2 letter b does …”

Article 90 Extended application of rules on payment and on goods or digital content not accepted S. 463-469

„… . Time of payment Art 126(1) stipulates that the payment of the price is due at the time of delivery …” „… . For this reason, the monetary obligation becomes due at the moment of the delivery of the non-monetary …” „… , even if the buyer has infringed its duty to take delivery. In other cases, this particular duty to …”

Article 141 Identification of goods or digital content to contract S. 640-642

„… the buyer. It could be only understood that the seller, who has failed to fulfil the duty of delivery …” „… delivery to a carrier. In such a situation, if the carrier serves more clients it is quite likely that the …” „… liability in the case of the failure on delivery of the good (or digital content) which has been specified …”

Article 121 Examination of the goods in contracts between traders S. 565-566

„… exceeding 14 days from the date of delivery of the goods, supply of digital content or provision of related …” „… conformity. Art 121 requires that the trader examines the goods within a short period after delivery.1 Art …” „… goods in a short period as is reasonable. The period starts with the delivery (cf art 94) and cannot …”

Article 41 Exercise of right to withdraw S. 260-265

„… expires after fourteen days from: (a) the day on which the consumer has taken delivery of the goods in the …” „… related services; (b) the day on which the consumer has taken delivery of the last item in the case of a …” „… the consumer has taken delivery of the last lot or piece in the case of a contract where the goods …”

Article 43 Effects of withdrawal S. 269-273

„… consumer can thus eg request the delivery of goods during the withdrawal period and would be obliged to pay …” „… payments received from the consumer, including, where applicable, the costs of delivery without undue delay …” „… reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the …”

Article 116 Termination for anticipated non-performance S. 557-559

„… the declaration of the termination with the suspended and conditional effect. If the delivery does not …” „… non-performance (cf art 136).1 The period of the delivery has not yet lapsed, but the non-performance is certain …” „… of the period for the delivery, to terminate the contract. It is much more efficient and saves the …”

Article 128 Imputation of payment S. 595-602

„… be achieved by adding the words ‘any of’ before ‘those paragraphs’. Section 3 Taking delivery Article …” „… 129 Taking delivery The buyer fulfils the obligation to take delivery by: (a) doing all the acts which …” „… delivery, one of the buyer’s two main obligations listed in art 123. I. Main ideas, underlying principles …”

Article 166 Interest on late payments S. 692-698

„… same kind of goods in comparable circumstances at the place of delivery. The CESL (P) – unlike the CISG …” „… same kind of goods is logical. Reference to the place of delivery can be explained by the fact that …” „… within the discretion of a court. If such a price cannot be determined at the place of delivery, the …”

Article 146 Goods sold in transit S. 650-653

„… refer to the concept of delivery, which in relation to the contract involving the carriage of the goods …” „… latter names also the transfer of documents as an element of the delivery; whereas paragraph 2 is silent …” „… on this point. It is not very clear why art 144 does not refer simply to the concept of delivery …”

Article 186 Agreements concerning prescription S. 777-780

„… , including the costs of delivery (with the exception of the supplementary costs resulting from your choice of …” „… a type of delivery other than the least expensive type of standard delivery offered by us), without …” „… delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other …”

Article 14 Information about price and additional charges and costs S. 171-174

„… (b) where applicable, any additional freight, delivery or postal charges and any other costs or …” „… delivery charges. B. Context The information about price has always been a central element of EU consumer …” „… price inclusive of any taxes (eg VAT) or charges connected to delivery that are to be paid by the …”

Article 167 Interest when the debtor is a consumer S. 698-704

„… not a prolongation of the time of payment: payment is due as the parties have agreed or upon delivery …” „… faith (art 83[1]). However, if the parties were to agree, eg on payment at delivery and prompt accrual …” „… parties were to agree, eg, on payment on delivery and prompt accrual of interest upon non-payment, it is …”

Article 165 Current price S. 691-692

„… circumstances at the place of delivery. The CESL (P) – unlike the CISG and the UNIDROIT PICC – does not define …” „… to the place of delivery can be explained by the fact that this is the place where the contract …” „… such a price cannot be determined at the place of delivery, the court should take into account the …”

Article 25 Additional requirements in distance contracts concluded by electronic means S. 203-207

„… website at the latest at the beginning of the ordering process whether any delivery restrictions apply and …” „… in cross-border contracts there may be restrictions on delivery (eg the product will not be shipped …” „… Consumer Rights Directive the obligation to inform of delivery restrictions and means of payment only …”

Article 86 Meaning of ‘unfair’ in contracts between traders S. 430-433

„… , and includes: (a) non-delivery or delayed delivery of the goods; (b) non-supply or delayed supply of …” „… the digital content; (c) delivery of goods which are not in conformity with the contract; (d) supply …”

Article 4 Cross-border contracts S. 71-77

„… the consumer, the delivery address for goods or the billing address are located in a country other …” „… indicated by the consumer, the delivery address for goods or the billing address are located in a country …” „… habitual residence of the trader: the consumer’s residential address, the delivery address for goods or the …”

Article 13 Duty to provide information when concluding a distance or off-premises contract S. 164-171

„… goods, eg a daily delivery of milk. However, pending clarification by the CJEU the key aspect for the …” „… application of this provision is the actual delivery by the trader (eg the milkman) or his employees; the …” „… delivery by an external logistics company or the postal service would render art 13 applicable. It is moot …”

Article 125 Place of payment S. 580-584

„… due at the moment of delivery. 2. The seller may reject an offer to pay before payment is due if it …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I. Payment due on delivery …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1. When delivery occurs …”

Article 62 Preference for individually negotiated contract terms S. 352-354

„… there will be liability for damages for late delivery. In this case, art 62 is, strictly speaking, not …” „… damages for late delivery are excluded, and possibly that was what the parties had in mind at a certain …”

Article 120 Right to reduce price S. 563-565

„… delivery of the goods, supply of digital content or provision of related services. 2. If the contract …” „… conformity. Art 121 requires that the trader examines the goods within a short period after delivery.1 Art …”

Article 34 Acceptance S. 229-231

„… conduct include taking delivery of the goods, payment of the purchase price, making a down payment or …” „… partial payment and the seller informing the buyer about the date of delivery.5 The conduct must express …”

Article 12 Information requirements resulting from the Services Directive S. 109-115

„… logic of the Treaty as well as to established case law of the CJEU,3 delivery of goods within the free …” „… delivery of tangible items as well as intangible elements, the first question must be whether the two are …” „… trader, the address indicated by the consumer, the delivery address for goods and the billing address …”

Article 15 Information about the identity and address of the trader S. 174-176

„… third party and have to disclose their names. Another possible example could be the delivery of the …” „… Article 13(1) must include: (a) the arrangements for payment, delivery of the goods, supply of the digital …”

Article 89 Change of circumstances S. 452-463

„… ) stipulating that the seller cannot require the buyer to take delivery and pay the price if the seller could …” „… synallagmatic (reciprocal), but would lead to an almost semi-gratitude delivery of certain value. As a matter of …” „… applies to contracts in which the parties have agreed upon delivery over a longer period of time and the …”

Article 173 Payment for monetary value S. 728-741

„… obligation of restoration of the received in favour of payment of the delivery of a substitute. III. Position …” „… genera non pereunt.12 Under these systems, the restitution has to be made by the delivery of equivalent …” „… 172[1], 173[1]). It is preferred over any other date, eg the time of delivery, which is used eg in …”

Article 135 Termination for delay after notice fixing additional time for performance S. 625-628

„… delivery’ or supply by the seller, and of ‘late payment’ by the buyer, delay is not otherwise seen by CESL …” „… ultimate failure to pay, or an ultimate failure to take delivery of The seller’s remedies Article 135 …”

Article 137 Scope of right to terminate S. 630-633

„… the sale of goods where the buyer must act to take delivery, as this performance is separate from …” „… unpaid part of the contract. Under the given circumstances, that should correspond to the delivery of …”

Article 9 Standard Information Notice in contracts between a trader and a consumer S. 99-102

„… express consent. Another option would be that the application of the CESL (P) is left open until delivery …” „… and that the consumer is asked, on the occasion of delivery, to give his express consent, but that …”

Article 24 Additional duties to provide information in distance contracts concluded by electronic means S. 200-203

„… , delivery address etc without the opportunity to correct them it may mean that performance cannot be …” „… website at the latest at the beginning of the ordering process whether any delivery restrictions apply and …”

Article 71 Additional payments in contracts between a trader and a consumer S. 385-388

„… main contractual obligation’. According to art 93(1)(a), the place of delivery in B2C-contracts is the …” „… delivery at his premises, the shipping is not part of the main obligation. In this case, the shipping costs …”

Article 13 Member States’ options S. 115-118

„… address indicated by the consumer, the delivery address for goods and the billing address, are located in …” „… the consumer, the delivery address for goods and the billing address, are located in that Member State …”

Article 112 Return of replaced item S. 548-551

„… apply. The additional expenses, which have arisen due to the necessity of taking second delivery, are …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. Right to withhold performance if the buyer has to perform at the time of or after delivery …”

Article 139 Loss of right to terminate S. 635-639

„… delivery, or indeed any other obligation which the buyer may have under the contract. Part payment is …” „… is excluded under the contract. The buyer could also take delivery in a way which Article 139 Common …”

Article 5 Contracts for which the Common European Sales Law can be used S. 77-86

„… well have his (habitual) residence outside the EU/EEA but still indicate a residential, delivery or …” „… contract is considered to be always a contract for the delivery of goods. According to the definition in …” „… what the drafters really intended as the CESL (P) mentions delivery of the goods at various points, but …”

Article 19 Distance contracts: additional information and other requirements S. 185-189

„… at the latest at the time of the delivery of the goods or before the supply of digital content or the …” „… . In any event, it is to be provided at the latest by the time of delivery of goods or before the …”

Abbreviations S. 20-28

„… , Delivery of Goods, Package Travel and Payment Service (Contract II), Sellier: Munich (2009) ADR Alternative …” „… Existing EC Contract Law (Acquis Principles), Contract II: General Provisions, Delivery of Goods, Package …”

Article 172 Restitution on avoidance or termination S. 716-728

„… will have passed between the delivery and termination during which the object of the contract can have …” „… , is to apply the general rules on the place of delivery or performance.27 Under the CISG, a ‘mirror …” „… provided for delivery 19 Art 176(1)(2) CESL (FS). 20 Cf, eg, for French law, Malaurie, Les restitutions en …”

Article 45 Obligations of the consumer in the event of withdrawal S. 278-284

„… been effected by the trader, eg the delivery of goods, the consumer will have to, ia, return the goods …” „… . The rule serves as balance to art 44(1), under which the trader is to return the delivery costs in the …”

Article 69 Contract terms derived from certain pre-contractual statements S. 374-380

„… delivery can take place at its premises even outside the usual business hours (contrary to art 154) but …” „… later fails to comply with his statement giving rise to costs for additional attempts at delivery, such …”

Article 40 Right to withdraw S. 247-260

„… contract, the delivery of which can only take place after 30 days from the time of conclusion of the …” „… , according to their nature, been inseparably mixed with other items after delivery; (c) where the goods …” „… supplied were sealed audio or video recordings or computer software and have been unsealed after delivery …”

List of contributors S. 18-20

„… ’), Contract II – General Provisions, Delivery of Goods, Package Travel and Payment Service (Contract II …”

Article 153 Payment of the price S. 664-665

„… obligations covered by the CESL (P) (eg the parties have agreed on delivery of the goods to the premises of …”

Article 154 Provision of access S. 665-666

„… obligations covered by the CESL (P) (eg the parties have agreed on delivery of the goods to the premises of …”

Article 2 Definitions S. 50-67

„… regard to the parties: Concerning the delivery of goods, the parties are called ‘seller’ and ‘buyer …” „… relevant law, is effectively concluded only at the time of delivery, simultaneous physical presence of the …” „… mean in practice that the consumer has to sign the offer upon delivery and that the trader accepts the …”

Article 140 Effect of passing of risk S. 639-640

„… , who has failed to fulfil the duty of delivery, although the risk has already passed (which is possible …”

Article 104 Buyer’s knowledge of lack of conformity in a contract between traders S. 523-524

„… exist, it must be considered whether the buyer could not reasonably expect that, at the time of delivery …”

ANNEX II STANDARD INFORMATION NOTICE Standard Information Notice S. 786-788

„… to crossborder trade including tax regulations, administrative requirements, difficulties in delivery …”

Article 48 Mistake S. 291-301

„… persons involved in production or delivery. This includes his plans. If a trader plans to close down its …” „… of delivery, extent of one party’s liability to the other or the settlement of disputes are …”

Article 37 Late acceptance S. 235-237

„… time of delivery, extent of one party’s liability to the other or the settlement of disputes are …”

Article 138 Notice of termination S. 633-635

„… , that should correspond to the delivery of 1.100 widgets. IV. Non-performance fundamental for entire …”

Article 185 Effects of prescription S. 775-777

„… that the buyer, irrespective of prescription of the right to delivery of the goods, is entitled to …”

Article 47 Mandatory nature S. 288-291

„… beyond the time frames in art 42 or state that the supplementary costs for a different form of delivery …”

Article 147 Application of certain general rules on sales contracts Zoll/Watson S. 653-655

„… the seller is discharged from the duty to perform the obligation of delivery of the goods or supply of …”

Article 63 Preference for interpretation which gives contract terms effect S. 354-357

„… traders, this would normally mean that also damages for late delivery are excluded, and possibly that was …”

Article 105 Relevant time for establishing conformity S. 524-527

„… , at the time of delivery, the item will be delivered in conformity with the contract. If such …”

Article 107 Limitation of remedies for digital content not supplied in exchange for a price S. 529-531

„… strategy. Very commonly, the ‘reciprocal’ performance is a delivery of personal data. Very often the …”

Article 1 Objective and subject matter S. 38-50

„… regulations, administrative requirements, difficulties in delivery, language and culture, traders consider the …” „… either the general address indicated by the consumer, the delivery address for the goods or the billing …”

Article 3 Co-operation S. 128-131

„… obligation of the buyer to take and accept delivery of the goods (arts 123 [1][b], 129) and the obligation of …”

Article 178 Rights subject to prescription S. 759-762

„… ): seller’s right of reimbursement of costs when buyer failed to take delivery; – arts 110 and 120(2): buyer’s …”

Article 11 Computation of time S. 154-157

„… (eg that delivery must be announced one week in advance). VI. Document which sets a period of time The …”

Article 17 Information about rights of withdrawal when concluding a distance or off-premises contract S. 179-182

„… by the respective national postal delivery services and not specialist logistics companies. However …”

Article 18 Off-premises contracts: additional information requirements and confirmation S. 182-185

„… the time of the delivery of the goods or before the supply of digital content or the provision of the …”

Article 101 Incorrect installation under a consumer sales contract S. 513-516

„… settled by this way. However, also in B2B contracts, delivery of misleading or incorrect instructions must …”

Article 38 Modified acceptance S. 237-241

„… time of delivery, extent of one party’s liability to the other or the settlement of disputes are …”

List of Cases S. 34-38

„… regulations, administrative requirements, difficulties in delivery, language and culture, traders consider the …”

Article 6 Exclusion of mixed-purpose contracts and contracts linked to a consumer credit S. 86-90

„… be in the case of payment upon delivery. The more plausible view is that art 6(2) must be interpreted …”

Article 20 Duty to provide information when concluding contracts other than distance and off-premises contracts S. 189-193

„… additional charges (eg delivery or postal charges) or, where the amount cannot reasonably be calculated in …”

Article 30 Requirements for the conclusion of a contract S. 217-221

„… relevant factors can be established only at a later date (eg at the time of delivery).8 IV. Without further …”

Article 74 Unilateral determination by a party S. 395-399

„… determine the price at the time of delivery or to raise the price without allowing the consumer to terminate …”

Article 77 Contracts of indeterminate duration S. 404-408

„… delivery of goods such as coffee or beer), and possibly also comprehend (related) service contracts, eg for …”

Article 85 Contract terms which are presumed to be unfair S. 426-430

„… related services is to be determined at the time of delivery or supply, or allow a trader to increase the …”

Article 110 Requiring performance of seller’s obligations S. 540-544

„… of the aliud ad alia delivery problem from the perspective of this remedy. The buyer may require …”

Article 159 Right to damages S. 672-676

„… contractual obligations, such as the delivery of conforming goods or payment, it also covers breaches of other …”

Article 176 Equitable modification S. 751-756

„… delivery, the recipient’s obligation to pay for monetary value of the good should be excluded. Other …”

Article 3 Optional nature of the Common European Sales Law S. 67-71

„… the consumer, the delivery address for goods or the billing address are located in a country other …”

Article 12 Unilateral statements or conduct S. 157-162

„… delivery must be announced one week in advance). VI. Document which sets a period of time The specific rule …”

Article 39 Conflicting standard contract terms S. 241-246

„… standard terms do no mention the place of delivery but the buyer’s standard terms refer to the place of …”

Article 111 Consumer’s choice between repair and replacement S. 544-548

„… buyer can require only the possible method of the repair of the goods. The provisions on delivery and …”

Article 67 Usages and practices in contracts between traders S. 366-371

„… , place or mode of delivery).2 Art 67(1) declares binding any usage the parties have agreed should be …”

Bibliography S. 28-34

„… Existing EC Contract Law (Acquis Principles), Contract II: General Provisions, Delivery of Goods, Package …”

Article 124 Means of payment S. 574-580

„… buyer will make use of the goods. The seller’s interest in the buyer taking delivery by way of …”

Article 160 General measure of damages S. 676-682

„… in definite and total absence of performance (eg non-delivery, resulting in termination), damages …”

Article 102 Third party rights or claims S. 516-523

„… according to art 4(3)(a) RegCESL (P) – the delivery address for goods or the billing address – will provide …”

doi.org/10.5771/9783845265469

Sonja Heinze, Ulrich Karpen, Djoko Lukic - Maritime Security - Current Problems in the Baltic Sea

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Sonja Heinze (ed.), Ulrich Karpen (ed.), Djoko Lukic (ed.)

Maritime Security - Current Problems in the Baltic Sea

Series: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)

Volume 13 2008

Results in this title

Erik Lindfors Check against Delivery S. 33-39

„… 20 20 Prof. Dr., Law Faculty, University of Hamburg, Germany 35 Check against Delivery …”

Wolff Heintschel von Heinegg Terrorism, NATO, Rules of Engagement S. 101-121

„… proliferation of weapons of mass destruction (WMD), including their delivery systems, by non-State actors must …” „… Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials …” „… , Their Delivery Systems, and Related Materials By Sea, Washington, D.C., 4 August 2005. Agreement between …”

Dorota Lost–Sieminska Security of the Transportation Chain: From Origin to Harbour Evaluation of the Proposal for a Regulation of the European Parliament and of the Council on Enhancing Supply Chain Security S. 75-84

„… , starting from production and ending at the cargo’s point of delivery. There exists close interdependency …” „… of goods from the production site to the point of delivery within the territory of the European …”

Zdzisław Brodecki, Dorota Pyć Statement: Maritime Security – General Concept S. 152-164

„… , chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well …” „… basis through which to impede and stop shipments of weapons of mass destruction (WMD), delivery system …”

Titelei/Inhaltsverzeichnis S. 2-11

„… Oeter Law Faculty, University of Hamburg, Germany 8 Check against Delivery Mr. Erik Lindfors …”

Frank Bjerg Mortensen Considerations on the Insertion of Elements of the World Customs Organization’s SAFE Framework into the International Maritime Regulation S. 84-88

„… delivery and storage systems are widely used to day. Shipments are stowed, checked, documented, registered …”

Alberto Cisterna Penal law, Extradition, the Achille Lauro – Agreement S. 46-64

„… to the design, manufacture or delivery of a BCN weapon. The protocol also lists it as an offence to …” „… design, manufacture or delivery of a BCN weapon, with the intention that it will be used for such …”

doi.org/10.5771/9783845209869

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