Analysis of Buyer's Obligations under Articles 38 and 39 of the United Nations Convention on Contracts for the International Sale of Goods (CISG)

Abstract

Articles 38 and 39 of the United Nations Convention on Contracts for the International Sale of Goods are very important in deciding the big sales law issue of acceptance/rejection of non-conforming goods. While Article 38 provides for diligent examination of the goods in order for the buyer to seek adequate remedy in case they are non-conforming or defective goods, Article 39 provides the condition precedent for the exercise of the buyer’s choice of rejection of the goods or claim to any other remedies. Article 39 provides for the buyer’s furnishing the seller with swift, detailed notice, stating the particulars of defects or non-conformity and the intention to invoke any remedy suitable in the circumstances. This paper therefore presents a sui-generis account of the applications and relationships of these two important Articles of the CISG.

Keywords: law, CISG, goods, buyer, seller, defects, sales, cases, court