160/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs declares that on 11 July. April 1980
was negotiated in Vienna UN Convention on contracts for the international sale of
of the goods. On behalf of the Czech and Slovak Federal Republic, the Convention was
signed in New York on 1 May. September 1981.
With the Convention have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it with the proviso that the Czech and Slovak Federal
Republic will be bound by the provisions of article 1 (1). 1 (b). (b)).
The ratification instrument was deposited with the Secretary-General of the United Nations,
depositary of the Convention, on 5 July 2004. March 1990.
Convention entered into force, pursuant to article 99 para. 1 on 1 January 2000.
January 1988. For the Czech and Slovak Federative Republic entered into
into force in accordance with its article 99 para. 2 on 1 January 2000. April 1991.
Czech translation of the Convention shall be published at the same time.
CONVENTION
The UNITED NATIONS on contracts for the international sale of goods
The Contracting States to this Convention,
Bearing in mind the General objectives expressed in resolucích taken in the sixth
special session of the General Assembly of the UNITED NATIONS on the establishment of a new
international economic order,
considering that the development of international trade on the basis of equality and
mutual benefit is an important factor in the development of friendly
relations between the States
being of the opinion that the adoption of uniform provisions governing contracts for
international sale of goods, and onlookers to a variety of social,
Economic and legal systems would contribute to the removal of legal
barriers to international trade and to facilitate the development of international
trade,
have agreed as follows:
PART I
Scope and general provisions
CHAPTER I
The subject of the edit
Article 1
(1) this Convention regulates the contract of sale of goods between parties
have places of business in different States,
and) if the States are Contracting States; or
b) If pursuant to the provisions of private international law to
use the law of a Contracting State.
(2) the fact that the parties have a place of business in different States is
not taken into account, if this fact is not apparent either from the contract or from the
negotiations between the parties or from information provided by the parties at any time to
conclusion of the contract or at its conclusion.
(3) in determining the applicability of this Convention shall not take into consideration the State
the jurisdiction of the parties and not to the fact that the parties to the agreement or have
a civil or commercial nature.
Article 2
This Convention shall not apply to the purchase of
and the goods being purchased) for personal use, the need for family or household
unless the seller before the contract or the conclusion of the
He did not know and did not even know that the item is bought for such purpose;
(b)) at auctions;
(c)) in the performance of the decision or by a court decision;
(d)) of securities or money;
e) ships, boats, air-cushion vehicles or aircraft;
(f)) of electricity.
Article 3
(1) contracts for the supply of goods to be manufactured or formulated,
be construed as a contract of sale of goods, unless the party goods
commissions, undertakes to supply a substantial part of things necessary for their
manufacture or construction.
(2) this Convention shall not apply to contracts in which the preponderant part of the
the obligations of the party that delivers the goods, lies in the execution of works or the
the provision of services.
Article 4
This Convention governs only the conclusion of the contract of sale and the rights and
obligations of the seller and the buyer arising from such a contract.
If something else is not expressly provided for in this Convention shall not affect the
in particular, the
and the validity of the contract or of any) of its provisions or of any
practices;
(b)) the effect that the contract may have on the ownership of the products for sale
of the goods.
Article 5
This Convention shall not apply to the liability of the seller for death or
bodily injury caused by the goods to any person.
Article 6
The parties may exclude the application of this Convention or, with the exception of article 12,
of any of its provisions or the effects of the change.
Article 7
(1) in the interpretation of this Convention, taking into account its international character and to the
the need to promote uniformity in its application and the observance of good faith
in international trade.
(2) questions falling within the scope of this Convention, which are not
expressly dealt with, shall be dealt with according to the General principles on which the Convention is based,
or, in the absence of such principles, in accordance with the provisions of rule of law
applicable pursuant to the provisions of private international law.
Article 8
(1) for the purposes of this Convention statements or other conduct by the
be interpreted according to its intention, if the other side was the intention of the
unknown or could not be, I don't know her.
(2) does not apply to the provisions of the preceding paragraph, shall be read in
a statement or other conduct by the parties, which would make them
attached under the same circumstances, reasonable person in the same position as the
the other party.
(3) in determining the intention of the parties or the importance of that statement or would
the behavior attached to the reasonable person, take due account at all
the material circumstances of the case including the negotiations on the Treaty, a practice which
the parties have established between themselves, usages and the subsequent conduct of the parties.
Article 9
(1) the parties are bound by any practices which they agree, and
the practice, which have established between themselves.
(2) unless otherwise agreed, it shall be deemed that the parties indirectly
agree to the contract or to its conclusion should be applied to practice,
that both parties are or should be aware of, and that is in the international
trade in widely known to the parties to the contract of the same type in the appropriate
commercial sector and generally respected by them.
Article 10
For the purposes of this Convention,
and) in cases where the party has several places of business, the place is crucial
the business which has the closest relationship to the contract and its performance, with
regard to the circumstances known to the parties or the parties intended
at any time prior to the conclusion of the contract or the contract;
(b)) in cases where a party has no place of business, it is crucial to its
residence (registered office).
Article 11
The contract of sale need not be concluded in writing and given or
you do not require any other formal requirements; It can prove
by any means, including witnesses.
Article 12
The provisions of article 11, article 29 or part II of this Convention,
they admit that the conclusion of the contract of purchase or agreement on its amendment or
for revocation or an offer, acceptance or other indication of the Parties shall
made in any form other than in writing, shall not apply if
any party has his place of business in a Contracting State that has made a
the Declaration referred to in article 96 of this Convention. Parties cannot agree
the exclusion or modification of the effect of this article.
Article 13
For the purposes of this Convention, the written form includes telegram and telex.
PART II
The conclusion of the contract
Article 14
(1) proposal for the conclusion of the contract as specified by one or more specific persons
the offer, if it is sufficiently definite and a wish
the petitioner, to be bound in case of acceptance. The proposal is sufficiently
particular, if it is marked with the goods and expressly or implicitly
determine the quantity, and the purchase price of the goods, or contains provisions to ensure that
their destination.
(2) a proposal that is not determined by one or more specific persons,
considered only for the invitation to tender, unless the person making the proposal
clearly stating the opposite.
Article 15
(1) the range of acts from the time when the person to whom it is intended.
(2) an offer, even if it is irrevocable, may be revoked if the revocation
the person to whom the offer is made, before or at the same time with the offer.
Article 16
(1) until a contract is concluded, it may not be revoked, if the
the appeal comes a person which the offer is made, before send
adoption.
(2) an offer cannot be revoked:
and) if flows from it by setting a specific deadline for receipt or other
in a way, that it is irrevocable, or
b) if the person that was intended, could reasonably rely on the
non-repudiation, depending on the Act.
Article 17
The offer, even if it is irrevocable, shall cease as soon as the claimant an
her refusal.
Article 18
(1) a declaration made by the person, that the offer was intended, or
other Act indicating its acceptance of the offer, is adopted. Silence
or omissions themselves are not accepted.
(2) the acceptance of an offer becomes effective at the moment when the acceptance
an applicant. Acceptance is not effective if the consent
does the applicant at the time you determine, and if no time is specified,
within a reasonable time taking into account the circumstances of the trade, including speed
the media, which the applicant has applied. An oral offer must
be accepted immediately, unless it is apparent from the circumstances of something else.
(3) If, however, on the basis of the offer or as a result of the practice, which
the parties have established between themselves, usages, or the person that is the offer
intended to express assent by performing an act without notice to the appellant,
as the dispatch of the goods or payment of the purchase price, acceptance is effective in
the time when the Act was carried out, provided that it was carried out in
the period laid down in the preceding paragraph.
Article 19
(1) a response to an offer that appears to be accepting, but contains additions,
limitations or other modifications is a rejection of the offer, and the counter-offer.
(2) However, the response to the offer, which appears to be accepting, but contains
additions or variations that substantially change the terms of the offer, it is
the adoption, unless the applicant without undue delay of mouth objects to the
differences of objection or sends a notification for this purpose. If so
they do not, they are part of the terms and conditions stated in the offer with changes
contained in the acceptance.
(3) Additions or deviations, in particular relating to the purchase price, payment,
the quality and quantity of the goods, place and time of delivery, extent of liability
one party against the other party or the resolution of disputes shall be considered as
substantial change in the conditions of the offer.
Article 20
(1) the time limit for acceptance of an offer addressed to the plaintiff in the telegram or in
the letter begins to run from the moment the telegram is filed to send or
from the date referred to in the letter, and if no such date is shown, from the date of
referred to on the cover. The deadline for the acceptance of an offer addressed to the applicant
by telephone, dálnopisně, or by other means enabling immediate
notice begins to run from the moment when the person to whom an offer is
intended.
(2) public holidays and non-working days during the period for acceptance of the
to be included in the calculation of its length. However, if the report on the
acceptance cannot be delivered at the address of the claimant's last day of such
time limits, because to this day I find the national day or another day
holidays at the place of business of the applicant, the time limit shall extend to
the first following working day.
Article 21
(1) late acceptance is nevertheless the effects of the adoption, if the claimant without
delay inform orally the person to whom the offer was intended, or in the
this sense, it sends the message.
(2) if the letter or other document containing the late adoption of the
the menu shows that were sent in such circumstances that it ran out of
the applicant in a timely manner, if their carriage was carried out in the usual way,
has the late adoption of the effects of adoption, unless the petitioner without delay
notify by word of mouth the person that the offer was intended, that it considers the offer
terminated, or sends a message to that effect.
Article 22
Acceptance may be withdrawn if the withdrawal occurs before petitioner
at the moment, or if the effects of the adoption occurred.
Article 23
The contract is concluded at the moment when the acceptance of an offer becomes effective
According to the provisions of this Convention.
Article 24
For the purposes of this part of the Convention, an offer, Declaration of acceptance or any
another manifestation of the will of an individual, which are intended, when it
by word of mouth or in any other way are delivered into her own
hand, to her place of business or mailing address or,
does not have a place of business or mailing address, to his residence
(registered).
PART III
Purchase of goods
CHAPTER I
General provisions
Article 25
Breach of contract by one of the parties is essential if the causes
such damage to the other that it largely deprives of what this
the party is entitled to expect under the contract, unless the party infringing the
the Treaty did not foresee such consequences and no reasonable person in the same
position is under the same circumstances did not foresee.
Article 26
The Declaration of withdrawal is effective only when it is notified to the
the other side.
Article 27
If the party in accordance with this part of the Convention, the notification request
or other communication and send it means proportionate to the circumstances,
delay or error in the transmission or the fact that were to the point
determine, does not deprive that party of the right to invoke them, unless this part of the
The Convention does not expressly provide otherwise.
Article 28
If a party is entitled to require performance under this Convention
any obligations of the other party, the Court is not obliged to decide on the
share transactions, unless it is decided according to their own legal
regulations on similar sales contracts, which are not covered by this
By the Convention.
Article 29
(1) a contract may be amended or terminated by the mere agreement of the parties.
(2) a written agreement that includes provisions that its change or
termination of the agreement between the parties must be in writing, may be changed
or terminated only in compliance with this form. The party, however, may
behavior, lose the ability to invoke this provision, to the extent
the extent to which the other party has relied on that conduct.
CHAPTER II
Obligations of the seller
Article 30
The seller is obliged to deliver the goods, hand over any documents that are
to view it, and title to the goods, as required by the Treaty and
This Convention, under the conditions laid down in the contract and this Convention.
SECTION I
Delivery of the goods and handing over of documents
Article 31
If the seller is not obliged to deliver the goods at some other place, its
the obligation to deliver the goods is
and in the delivery of goods) to the first carrier for shipment to the buyer, if the
the contract of sale involves carriage of the goods;
(b)) for the goods specified in the contract or according to the species,
However, to be delivered from a warehouse or produced or manufactured and the
the parties knew at the time of conclusion of the contract that the goods are located or to be
manufactured or made in a specific location, in allowing the buyer to dispose of
the items on this site, if you are not covered by the provisions of subparagraph (a). and);
(c)) in other cases in allowing the buyer to dispose of the goods in the place
where the seller has his place of business at the time of conclusion of the contract.
Article 32
(1) if the seller forwards the goods under the contract or this Convention
carriers and if goods are not clearly identified, for the purposes of the Treaty marks
on goods, means of transport documents or otherwise, the seller must send a
the buyer notice of the shipment and goods specify.
(2) if the seller Is required to obtain a carriage of the goods, must be
the necessary contracts for transportation to the specified destination transport
resources relevant to the circumstances and under the conditions usual for
such carriage.
(3) if the seller is not obliged to insure the goods, the buyer must
provide, on request of all available data, which are necessary to
the conclusion of the insurance.
Article 33
The seller is obliged to deliver the goods
and) on that is specified in the contract or determined in accordance with the Treaty;
(b)) at any time during the period, which is determined in the contract or according to the contract
capable, unless the circumstances show that the buyer determines the delivery time,
or
c) within a reasonable time after the conclusion of the contract in other cases.
Article 34
If the seller is obliged to transmit the documents relating to the goods, shall
is a pass at a time and in a place and manner that are laid down in the Treaty.
If the seller handed over the papers before the appointed time, it might by this time
to remove any defects in the documents, if this does not cause the buyer
undue difficulty or disproportionate costs. The buyer, however, is
entitlement to compensation under this Convention.
SECTION II
Goods free from defects and claims of third parties
Article 35
(1) the seller must deliver the goods in the quantity, quality and workmanship
Specifies the contract, and must wrap up or cause to be so, as specified by the contract.
(2) if the parties have not agreed otherwise, the goods do not meet the contract, unless the
and) are suitable for the purposes for which goods of the same general rule is used
implementation;
(b)) is suitable for a specific purpose, which was the seller expressly or
otherwise notified at the time of conclusion of the contract, except in cases where the
the circumstances show that the buyer is not chance or if it wasn't from him
reasonable to rely on the expertise and judgement of the seller;
(c)) has the characteristics of the goods which the seller has submitted to the buyer as
a sample or template;
d) is saved for the carriage or packed in a manner that is usual for
such goods or, where this cannot be a way to identify, in a manner appropriate to
the conservation and protection of goods.
(3) the seller does not respond by letter a) to (d)) of the previous paragraph
for defects in the goods, which at the time of conclusion of the contract the buyer knew or
unaware of.
Article 36
(1) the seller is responsible under the contract and this Convention for any defect,
you want the goods at the time the transfer of risk to the buyer, even if the
the defect becomes apparent only after that time.
(2) the seller is also responsible for any defect in the goods, which is the result of
period referred to in the preceding paragraph, if it is caused by a violation of the
some of its duties, including failure to comply with the guarantees that the goods after a certain
period will be eligible for normal use or for special use
or that retains a specific quality or specific properties.
Article 37
If the seller delivered the goods before the time fixed for delivery, you may
up to this time, add the missing part or missing quantity supplied
the goods delivered to the defective goods or to remove the defects of the delivered goods,
If the exercise of this right does not cause the buyer unreasonable difficulties
or disproportionate costs. The buyer, however, a claim for
damages under this Convention.
Article 38
(1) the buyer must examine the goods, or to arrange a tour at the time of his
According to circumstances, as short as possible.
(2) if the contract involves carriage of the goods, may be tour
postponed until the time when the goods to destination.
(3) if the goods during transport is routed to another destination
or the buyer sent again without the buyer a reasonable opportunity
view them, and at the time of conclusion of the contract the seller knew or should have
to know of the possibility of such a change of destination or such recovery
submission, examination may be deferred until the time when the goods in
the new destination.
Article 39
(1) the right of the buyer from defects of the goods shall cease, if the buyer fails to notify
the nature of these defects to the seller within a reasonable time after it is discovered
or you had to find out.
(2) the right of the purchaser of the defects of the goods shall cease, if the buyer always
does not notify the seller of any defects of the goods not later than two years from the date on which the
the goods were actually handed over to the buyer, unless this time limit is not
accordance with the contractual warranty period.
Article 40
The seller cannot rely on the provisions of articles 38 and 39 if the defects
the result of the fact the goods which the seller knew or
unaware of, and that has not communicated to the buyer.
Article 41
The seller must deliver the goods that is not limited by any law or
the claim of a third party, unless the buyer has agreed to take over the goods with the
such limitations or entitlement. However, if such right or claim is
based on industrial property or other intellectual property,
seller's obligation shall be governed by the provisions of article 42.
Article 42
(1) the seller must deliver the goods that is not limited by any law or
the claim of a third party based on industrial or other intellectual
ownership, about which he knew at the time of conclusion of the contract, or unaware of,
If such right or claim is based on industrial or other
intellectual property:
and according to the law of the State) where the goods will be sold or otherwise used in the
If the parties intended at the time of conclusion of the contract such additional
sale or other such use in that Member State, or
(b)) under the law of the State where the buyer has his place of business, in other
cases.
(2) the obligation of the seller under the preceding paragraph shall not apply to
cases in which the
and at the time of conclusion of the contract) the buyer knew or could not know about this
the right or claim, or
(b)) the right to claim results from the seller proceeded according to
technical drawings, designs, formulae or other supporting documents, which
enlist the buyer.
Article 43
(1) the buyer loses the right to invoke the provisions of article. 41, or article. 42,
If the seller fails to file a report, indicating the nature of the right or entitlement
a third party within a reasonable time after he has learned or should learn
about this right or claim.
(2) the seller is not entitled to rely on the provisions of the preceding
paragraph, if he knew about the right or claim of a third party and its nature.
Article 44
Notwithstanding the provisions of article. paragraph 39. 1 and article. paragraph 43. 1, the buyer may
reduce the purchase price in accordance with article 50 or claim damages
damages, except for loss of profit, if it has not made the required notification of the
omluvitelných reasons.
SECTION III
The rights of the buyer for breach of contract by the seller
Article 45
(1) if the seller fails to fulfil one of their obligations from the contract of purchase
or this Convention, the buyer may:
a) exercise the rights provided for in articles 46 to 52;
b) claim damages under articles 74 to 77.
(2) the buyer is not deprived of the right, which it may have on the application of the compensation
damages, if their right to other compensation.
(3) if the buyer Exercises his right of some infringement of the Treaty, cannot
be permitted in judicial or arbitration proceeding, no delay.
Article 46
(1) the buyer may require the seller to perform its obligations, the
unless already filed a claim, which is not in accordance with such a requirement.
(2) if the item does not conform to the contract, the buyer may require delivery
substitute goods only if the defective performance constitutes infringement of an essential
Agreement and request the delivery of substitute goods redeemed either
at the same time with the announcement made in accordance with article 39 or within a reasonable time
then.
(3) if the item does not conform to the contract, the buyer may require the
delete improper performance by the seller, unless it would be unreasonable to
taking into account all the circumstances. Request for removal of defective performance
must be filed either at the same time with the announcement made in accordance with article 39
or within a reasonable time thereafter.
Article 47
(1) the buyer may fix an additional reasonable period of time to meet its
duties.
(2) the buyer may not, before the expiration of the following time limits apply
one of the claims of breach of contract, unless it receives from the seller
notification that fails to comply with its obligations in that period. The buyer, however, this
It does not lose the right to compensation for damage caused by delay in performance.
Article 48
(1) subject to article 49, the seller may, even after the time limit laid down for the
delivery of the goods at its own expense to remove any non-compliance with their
obligations, if you can do so without undue delay and in
does not cause the buyer unreasonable difficulties or doubts that
the buyer will not have to pay the costs incurred by the seller.
The buyer's claim for compensation for damage under this Convention remains, however,
preserved.
(2) if the seller requests the buyer to tell him whether
performance, and the buyer of this request within a reasonable time does not pass, you may
the seller shall provide the performance within a period stipulated in its request.
During this period the buyer can not assert such claim that is
incompatible with the performance of the obligation by the seller.
(3) report the seller to provide the fulfilment within a certain period,
be considered an application under the preceding paragraph, the buyer announced
its decision.
(4) a request or notice to the seller in accordance with paragraph 2 or 3 of this
article is effective only when the buyer receives it.
Article 49
(1) the buyer may withdraw from the contract:
and if the seller) failure to meet some of its obligations under the contract
or from this Convention violated the Treaty substantially, or
(b) in the case of non-delivery of goods), if the seller fails to deliver the goods in the
the additional period specified by the buyer under article 47 paragraph 2. 1 or declare
that fails to deliver the goods within the time limit specified in the following.
(2) However, if the seller delivered the goods, the buyer's right to
withdraw from the contract, unless he does so:
and when a late delivery) within a reasonable time after he learned about the
delivery;
(b)) for a breach of duties than late delivery, within a reasonable
period of time;
I) after he knew or should have known of such breach;
II) after the expiration of the additional period specified by the buyer under article 47 paragraph 2.
1 or after the Declaration of the seller, that fail to fulfil their duties in such a
additional period of time, or
III) after the expiration of the additional period fixed by the seller in accordance with article 48
paragraph. 2 or after the Declaration of the buyer that does not accept the performance.
Article 50
If the goods are not in accordance with the contract, the buyer may reduce the purchase
price, regardless of whether the purchase price has already been paid or not, and
to the extent corresponding to the proportion between the value that you should actually
goods delivered at the time of delivery, and the value you should at this time
goods free from defects. However, if the seller removes the non-compliance with its
obligations under article 37 or article 48 or if the buyer
refuses to accept the performance provided by the seller in accordance with these
articles, the buyer cannot reduce the purchase price.
Article 51
(1) if the seller Delivers only part of the goods or if only part of the
the delivered goods are not in accordance with the Treaty, the provisions of articles
46 to 50 on the part of the item that is missing or not in accordance with the
the Treaty.
(2) the buyer may withdraw from the entire contract only if the
partial failure to comply with or fulfill the mismatched bases agreement
a substantial breach of the contract.
Article 52
(1) if the seller delivers the goods before the appointed time, the buyer may
delivery to accept or decline it.
(2) if the seller Delivers a quantity of goods greater than that provided for in
the contract, the buyer may take delivery or may refuse to accept
the excess quantity of goods. If the buyer accepts delivery of all or
part of the surplus of goods, shall be obliged to pay the purchase price for them
corresponding to the purchase price specified in the contract.
CHAPTER III
Obligations of the buyer
Article 53
The buyer is obliged to pay the purchase price for the goods and take delivery in
accordance with the contract and this Convention.
SECTION I
Payment of purchase price
Article 54
The buyer's obligation to pay the purchase price includes the obligation to make a
measures and to comply with the formalities laid down by the Treaty or law and other
legislation to enable the payment of the purchase price.
Article 55
If the contract was validly concluded but does not expressly or
indirectly determined the purchase price nor for its determination,
It is considered that the parties, if shown a different will, indirectly, to determine
the purchase price equal to the purchase price, which is generally charged at the time of
the conclusion of the contract for such goods, under comparable circumstances in the
the commercial sector.
Article 56
If the purchase price is determined by the weight of the goods is a key element in the
case of doubt, net weight.
Article 57
(1) if the buyer would not assume the obligation to pay the purchase price in a particular
elsewhere, it is obliged to pay to the seller
and in the place of business of the seller); or
(b)) to be the price paid for upon delivery of goods or of documents, at the place of
This transfer.
(2) the seller shall bear any increase in the costs associated with the payment,
If they are caused by changing his place of business after conclusion of the contract.
Article 58
(1) if the buyer is not obliged to pay the purchase price in some time, it is
shall be obliged to pay it when the seller in accordance with the Treaty and the provisions of this
The Convention will allow the buyer to dispose of the goods or the documents, on the basis of
where the buyer may dispose of the goods. The seller may make
delivery of goods or documents dependent on such payment of the purchase price.
(2) if the contract involves carriage of the goods, the seller may ship the goods
with the condition that the goods or the documents allowing the loading of goods will be
passed to the buyer only against payment of the purchase price.
(3) the buyer is not obliged to pay the purchase price, as long as no item option
see, unless the delivery or payment procedure, which was between the
the parties agreed, it does not provide such a possibility.
Article 59
The buyer is obliged to pay the purchase price in the time laid down by the Treaty or
identifiable by the contract and this Convention and not required to be
invited or to meet other formalities by the seller.
SECTION II
Taken delivery of the
Article 60 of the
The buyer's obligation to take delivery consists:
and in the implementation of all operations), that can be reasonably expected of him to
purpose, the seller may deliver the goods, and
(b)) in the receipt of the goods.
SECTION III
The rights of the seller for breach of contract by the buyer
Article 61
(1) if the buyer fails to fulfil one of their obligations laid down in the Treaty
or this Convention, the seller may:
a) exercise the rights provided for in articles 62 to 65;
b) claim damages under articles 74 to 77.
(2) the seller loses the right to compensation by applying its
the right to further claims.
(3) if the seller any claim of breach of contract, cannot be
the purchaser is allowed in judicial or arbitral proceedings no respite for
the fulfilment of its duties.
Article 62
The seller may demand that the buyer has paid the purchase price, took over the
supply, or meets the other obligations, unless its the seller has applied
a claim of breach of contract, which is incompatible with such a requirement.
Article 63
(1) the seller may fix an additional reasonable time limit the buyer to
the fulfilment of its duties.
(2) the seller must not, before the expiration of the following time limits to apply their
claims of breach of contract by the buyer, unless the seller receives from
the buyer's notification that fails to comply with his obligation within that period. The seller
However, it does not lose this right to compensation for damage caused by the delay in the
the performance.
Article 64
(1) the seller may withdraw from the contract:
and if the purchaser to satisfy some of) its obligations under the contract or
This Convention violated the Treaty substantially; or
(b) if the purchaser has failed to fulfil an obligation) to pay the purchase price or
take delivery of the goods within the additional period fixed by the seller in accordance with
Article 63 para. 1, or if he declares that these obligations in this
fails to comply with a time limit.
(2) However, if the buyer has paid the purchase price, the right
the seller may withdraw from the contract, unless he does so:
and where the performance of the buyer) before he learned that the buyer
has fulfilled its obligation or
(b)) other than late performance of the contract the buyer in
a reasonable period of time;
I) after the seller knew or had to know about the infringement of the
of the Treaty; or
II) after the expiration of the additional period fixed by the seller in accordance with article 63
paragraph. 1 or after the Declaration of the buyer that does not fulfil its obligations in this
additional period of time.
Article 65
(1) if the buyer has under the Treaty to determine the form, size, or other
characteristics of the goods and he fails to do so within a reasonable time after completion of the agreed or
the reception of the request of the seller, the seller may specify by
the needs of the buyer that may be known, without are without prejudice to other
the rights that you may have.
(2) if the seller has made the determination itself, you must notify the detailed
information about the buyer and set a reasonable time within which the buyer may
make a different destination. If the buyer fails to do so after the reception of the
such communication within a specified period, is the determination made by the seller
binding.
CHAPTER IV
Transition of risk
Article 66
Loss or damage to the goods occurring after the transfer of risk to the
the buyer, do not deprive the buyer the obligation to pay the purchase price, unless
the loss or damage was caused by an act or omission
the seller.
Article 67
(1) if the contract of sale involves carriage of goods and the seller is not
obliged to pass them to a particular place, the risk passes to the buyer,
When the goods are handed over to the first carrier for transport to the buyer according to the
the contract of purchase. If the seller is obliged to pass the goods to the carrier
in a particular place, the risk does not pass to the buyer until the goods are not
handed over to the carrier at that place. The fact that the seller is entitled to
keep documents allowing to dispose of the goods does not affect the transition
danger.
(2) the risk, however, does not pass to the buyer until the goods are not clearly
stamped for the purpose of the contract, the goods, shipping marks, papers,
by sending a message to the buyer or otherwise.
Article 68
The risk of damage to the goods, that is, at the time of sale,
pass to the purchaser from the time of conclusion of the contract. If, however, it
It is apparent from the circumstances of the case, the risk passes to the buyer
at the time when the goods were handed over to the carrier who issued the documents
the founding contract of carriage. However, if at the time of conclusion of the contract of
purchase the seller knew or should have known that the goods were lost or
damaged and has not communicated that the buyer bears the risk of loss or
damage to the goods by the seller.
Article 69
(1) in cases not covered by articles 67 and 68, passes
the risk to the buyer at a time when accepts the goods, or, if so
fails to do so in a timely manner, at a time when he is permitted to dispose of the goods and the buyer
breach of contract by delivery of a cheque.
(2) If, however, the buyer shall take over the goods at a place other than
is the place of business of the seller, the risk passes when it is
the moment at which the shipment was to be met and the buyer becomes aware of the fact that
is allowed in a specified place to dispose of the goods.
(3) if the contract relates to goods which are not identified, has
for that, the buyer is allowed to dispose of the goods only when it is
clearly identified for the purpose of this agreement.
Article 70
If the seller materially breach the contract, the provisions of articles 67, 68
and 69 shall not affect claims that the buyer has for such
violation of.
CHAPTER V
Common provisions on the obligations of the seller and buyer
SECTION I
Threat to the performance of the contract and the contract with the partial discharge
Article 71
(1) a party may suspend the performance of his obligations if, after
conclusion of the contract becomes apparent that the other party fails to fulfil a substantial
part of their duties because
and) a serious shortage, their eligibility to provide performance or their
credit worthiness or
(b)) to his behavior during the preparation of the performance of the contract or during its performance.
(2) if the seller has sent the goods before it came to light the reasons
referred to in the preceding paragraph, may prevent the delivery of goods to the buyer,
even if the buyer has documents which entitle him to release the goods. This
the provision concerns only the rights to the goods as between the buyer and the
by the seller.
(3) the party that has suspended the filling, whether before the goods or
after him, it must immediately notify the other party and must continue
transactions when the other party provides adequate to ensure compliance with
of their duties.
Article 72
(1) If, before the time of performance of the contract it is clear that one of the parties it
substantially breach, the other party may withdraw from the contract.
(2) there is no time delay, the party which intends to withdraw from the
the contract, notify the other party in an appropriate way, and to enable the
obtain reasonable assurance of due performance.
Article 73
(1) if one party breaches a contract, providing for partial deliveries of goods by
that fail to comply with the obligations relating to a single lot, and this
infringement is essential on this lot, the other party may
withdraw from the contract in respect of the lot.
(2) If a party to satisfy some of its obligations relating to the
any lot, it throws a well-founded fear that the other party
There is a substantial breach of the contract on future performance, the
This party may withdraw from the contract in respect of those future transactions
If they do so within a reasonable time.
(3) the buyer, who resigned from the contract in respect of any shipment,
at the same time can withdraw from the supply already carried out or of the future,
If, due to their mutual dependency could not be these
supplies used for a purpose that the parties intended to contract.
SECTION II
Liquidated damages
Article 74
Damages for breach of contract by one party shall include the amount
corresponding to the loss, including loss of profit, suffered by the other party in
as a result of breach of contract. The compensation may not exceed the loss of and loss of
the profit, which was foreseen in the contract or contravention of the foreseen in the
the time of conclusion of the contract in the light of the facts about which she knew
or should have known, as a possible consequence of the breach of contract.
Article 75
If there is a withdrawal from the contract and if a reasonable manner and
within a reasonable time after termination, the buyer has already bought a replacement goods or
the seller has already sold the goods, the party claiming damages
demand payment of the difference between the purchase price and the price in the contract
agreed in a replacement shop, as well as other damage for which the claim is
According to the article. 74.
Article 76
(1) upon withdrawal from the contract with the normal price of the goods, the party
claiming compensation for damage that was not a purchase or sale pursuant to
Article 75, to claim the difference between the purchase price laid down in the Treaty and
the normal price in force at the time of withdrawal from the contract, as well as compensation for other
damages under article 74. However, if the party applying a refund
damages, withdrew from the Treaty only after receipt of the goods, it is critical
normal price valid at the time of acceptance instead of the regular price valid at the time of
withdrawal from the contract.
(2) for the purposes of the preceding paragraph is the normal price the price that prevails
in the place where the goods should have been delivered, or, if there is not such a price,
the regular price of a reasonable replacement space, taking into account the
differences in the cost of transport of goods.
Article 77
The party which alleges breach of contract, must do so in the circumstances
the case of reasonable measures to reduce the losses, including lost profits from the
breach of contract. If they do not, the party which the Treaty
violated, seek a reduction of its amount in the range in which the damage had
be reduced.
SECTION III
Interest
Article 78
If the party is late with payment of the purchase price or other monetary
of the amount, the other party shall be entitled to late payment interest, without prejudice to the
any claims for damages under article 74.
SECTION IV
Exclusion of liability
Article 79
(1) a party is not liable for failure to perform any obligation if
It proves that this failure was due to an impediment that was independent of
in her will, and in respect of which it could not be reasonably expected with her
the party bargained for at the time of conclusion of the contract, or that this obstacle or
its consequences averted or overcome.
(2) if non-compliance with the obligations under the contract is caused by a third party,
the party has, by completing the entire contractual obligation or his
section, its liability is excluded only if the
and the party is not responsible) under the preceding paragraph and
b) person party obligation, would not have been
responsible, if the provisions of the preceding paragraph shall apply to it.
(3) exclusion of liability under this article is effective for the period of
It takes an obstacle.
(4) a party who fails to fulfil an obligation, it must notify the other side of the barrier
and its consequences on their ability to perform. If the notification does not receive
the other party within a reasonable time after the party who fails to fulfil an obligation,
She had learned, or should have know of such an obstacle, this party
liable for damage resulting from this.
(5) the provisions of this article shall not preclude either party
to execute the law other than a claim for compensation under this Convention.
Article 80
The party cannot assert claims arising from non-compliance with obligations by the other party
the extent to which it was caused by an act or omission of the first party.
THE SECTION IN THE
Effects of withdrawal from the contract
Article 81
(1) withdrawal extinguishes the obligation of the parties under
the Treaty with the exception of the resulting claim for damages. The withdrawal is
without prejudice to the provisions of the Treaty concerning the settlement of disputes or other provisions of the
the contract governing the rights and obligations of the parties when the withdrawal from the
of the Treaty.
(2) a party that has fulfilled the contract either wholly or in part, may require
back from the other party what he has supplied or paid under the contract.
If both parties are obliged to return the performance, must do so at the same time.
Article 82
(1) the right of the buyer to withdraw from the contract or to require the delivery
the replacement of the goods shall cease, if the buyer cannot return the goods in the
substantially in the condition in which it is received.
(2) the provisions of the preceding paragraph shall not apply
and if the inability to return goods) or return is basically in the same
the State in which the buyer received them is not due to his act or
omission;
(b)) if all or part of the goods have been destroyed or are exacerbated by its
properties due to the examination provided for in article 38; or
(c)) if the buyer before they were or should have been discovered by the defects of the goods,
He sold the goods wholly or partially consumed during normal use or
or altered goods wholly or partly during normal use.
Article 83
The buyer, whose right to withdraw from the contract or to require the delivery
substitute goods were lost in accordance with article 82, it retains the right to exercise
the claims of all other means, under the Treaty, and this
Of the Convention.
Article 84
(1) if the seller Is bound to refund the purchase price, also is required to
pay it interest from the time when the purchase price has been paid.
(2) the buyer must replace all the benefits which the seller
the buyer has obtained from the goods or part of it, if
and must return the goods) or part thereof, or
(b)) is impossible for him to return all or part of the goods substantially in the
such a State, in which they received it, but resigned from the contract
or asked to give him a substitute item seller.
SECTION VI
The preservation of goods
Article 85
If the buyer is in delay in taking delivery of the goods or in cases
when payment of the purchase price and the delivery of goods is to take place at the same time and
the buyer is in arrears with the payment of the purchase price, the seller has the goods for
themselves or may otherwise dispose of, the seller must make arrangements
appropriate to the circumstances of the case, to the conservation of the goods. The seller is entitled to
hold the goods until the buyer fails to pay reasonable costs.
Article 86
(1) if the buyer has received the goods and intends to under the contract or this
The Convention is to exercise the right to refuse, is obliged to take the measures
appropriate to the circumstances of the case, to maintain them. The buyer is entitled to
detain the goods if the seller fails to pay reasonable costs.
(2) if the buyer Is allowed to dispose of the goods sent in place of destination
and the buyer exercises his right to refuse them, is obliged to take over and have
It is on account of the seller, if it can do so without paying
the purchase price and without unreasonable difficulties and excessive expenses. This
the provisions shall not apply if the seller is present at the place of destination
or if it is at this point the person you took possession of the seller, in order to
He took care of the goods. If the buyer accepts the goods according to the
of this paragraph, are subject to its rights and obligations under the previous
paragraph.
Article 87 of the
The party that is obliged to take steps to preserve the goods may be
Save in a warehouse of a third person on behalf of the other party, if incurred
the cost is not excessive.
Article 88
(1) a party who is bound to preserve the goods in accordance with article 85 or 86,
can sell them in an appropriate way, if the other party is in
excessive delay in accepting the goods or with acceptance of the goods
or with the payment of the purchase price or the costs associated with the maintenance of the goods,
provided that the other party was adequately informed about the
the intention to sell the goods.
(2) if the goods are subject to rapid deterioration or keeping the goods should
have been linked to excessive costs, the party that is required to
to preserve the goods in accordance with article 85 or article 86, make reasonable
measures to its sale. If possible, it shall notify the other of
the intention to sell the goods.
(3) the party who sold the goods, shall be entitled to retain out of the proceeds of
sales of the amount corresponding to the reasonable costs associated with the maintenance of
and the sale of goods and the other party is obliged to settle the rest.
PART IV
Final provisions
Article 89
The Secretary-General of the United Nations is hereby designated
the depositary of this Convention.
Article 90
This Convention shall be without prejudice to any international agreement that has already been
or will be closed and which contains provisions concerning the Affairs of the
governed by this Convention, if the parties have a place of business in the territory of
the States which are parties to such agreements.
Article 91
(1) this Convention may be signed at the closing session of the Conference
The United Nations Convention governing the contract for the international
sale of goods, or all the States to 30. September 1981, in the headquarters of the Organization
the United Nations in New York.
(2) this Convention is subject to ratification, acceptance or approval of the signatárních
States.
(3) to the Convention may accede to all States which are not signatárními
States shall, as from the date when it can be signed.
(4) instruments of ratification, acceptance, approval or accession shall be
deposited with the Secretary-General of the United Nations.
Article 92
(1) a Contracting State may declare, when signing, ratifying, accepting,
approval or accession, that it will not be bound by part II of this Convention, or that the
It will not be bound by part III of this Convention.
(2) a Contracting State which has made a declaration under the preceding paragraph
in respect of part II or part III of this Convention, shall not be considered a Contracting
the State within the meaning of article 1 (1). 1 this Convention regarding content editing
contained in the section to which the Declaration relates.
Article 93
(1) a Contracting State which has two or more territorial units in which
According to its Constitution, different systems of law apply in matters governed by this
The Convention, when signing, ratification, acceptance, approval or accession
declare that this Convention shall extend to all its territorial units
or to only one or a few of them, and such a declaration may at any time
complementary to the other declaration.
(2) the Declaration shall be made to the depositary of the Convention and give them
expressly the territorial units to which this Convention shall apply.
(3) If, on the basis of this article, the Convention shall apply to
one or more territorial units of a Contracting State, but not on
all, and the place of business is in the territory of that State, this place of
business for the purposes of this Convention shall not be considered as a place of business in the
the territory of a Contracting State, unless it is located in a territorial unit to which the
covered by this Convention.
(4) If a State party does not make a declaration pursuant to paragraph 1 of this
Article, the provisions of the Convention to all of its territorial units.
Article 94
(1) two or more Contracting States, which have the same or very similar
legal matter to which this Convention applies may at any time
declare that the Convention shall not apply to contracts for the purchase or
the conclusion between the parties, which have a place of business in the territory of the
States. Such declarations may be made jointly or by reciprocal
by unilateral declarations.
(2) a Contracting State which has the same or a very similar legislation
things to which this Convention applies, as one or more States
they are not a party to this Convention may at any time declare that this
The Convention shall not apply to contracts for the purchase or the conclusion
between the parties, which have a place of business in the territory of these States.
(3) if the State to which the Declaration was made under the previous
paragraph, to later become a Contracting State, it will have this statement
the date when the new Contracting State shall take effect, adjustment
the effects referred to in paragraph 1, provided that the new Contracting State joins the
such a declaration or makes a reciprocal unilateral declaration.
Article 95
Any State may declare, when depositing its instrument of ratification,
acceptance, approval or accession that it will not be bound by the provisions of article 1 of
paragraph. 1 (b). (b)) of this Convention.
Article 96
A Contracting State whose legislation requires that the contract for the purchase was
closed or given in writing, may at any time make a declaration in accordance with
Article 12 determination of article 11, article 29 or part II of this Convention,
that permitted to contract for the sale of goods, the agreement has been concluded
changed or terminated or to offer, acceptance or other speech
will be realized in any form other than in writing, does not apply if
any party has his place of business in its territory.
Article 97
(1) declarations made under this Convention at the signature confirmation required
upon ratification, acceptance or approval.
(2) Declarations and confirmations of the Declaration must be in writing and must
to be formally notified to the depositary.
(3) the Declaration shall take effect simultaneously with the entry into force of the Convention for the
a State which has made. However, if a declaration was the depositary
formally notified only after this entry into force, the Declaration has
effects from the first day of the month following the expiration of six months after the
the date on which the Depositary Government has received the statement.
(4) any State which makes a declaration under this Convention may
Cancel at any time by written notification addressed to the depositary. This cancellation
shall take effect on the first day of the month following the expiration of six
months from the date on which the depositary has received the notification.
(5) the Cancellation of the Declaration made under article 94 shall cease as from the date
the effectiveness of this invalidation of a mutual Declaration of another State
that provision has been made under that article.
Article 98
Allow only reservations that this Convention expressly permits it.
Article 99
(1) this Convention shall enter into force, if the provisions of paragraph 6 of this
Article requires otherwise, the first day of the month following the
the expiry of 12 months from the date of deposit of the tenth instrument of ratification,
acceptance, approval or accession, including a Charter which contains the
a declaration made under article 92.
(2) for each State which ratifies, accepts, approves or accedes to the
This Convention after the deposit of the tenth instrument of ratification, acceptance, approval
or accession, this Convention enters into force, except for the part that
excludes, first day of the month following the expiration of twelve months
After the date of deposit of its instrument of ratification, acceptance, approval or
access; the provisions of paragraph 6 of this article shall not prejudice.
(3) the State which ratifies, accepts, approves or accedes to this
Convention and is a party to the Convention relating to a uniform law on
the conclusion of contracts for the international sale of goods, concluded on 1 May 2004. July
1964 in the Hague (the Hague Convention concerning the conclusion of contracts, 1964) and the Convention on
the single law on the international sale of goods, concluded at the Hague on 1.
July 1964 (the Hague Convention on the international sale of goods), or
one of them, at the same time denounced the Hague Convention on the international sale of goods
in 1964, and the Hague Convention of 1964, where appropriate, the contracts from
which is a Contracting Party, that it shall inform the Government of the Netherlands.
(4) the State which ratifies, accepts, approves or accedes to this
Convention and declares under article 92 that it will not be bound by part II of this
The Convention denounced at the time of ratification, acceptance, approval or accession
The Hague Convention on the international sale of goods 1964, if its
the fact that a Contracting Party shall inform the Government of the Netherlands.
(5) the State which ratifies, accepts, approves or accedes to this
Convention and declares under article 92 that it will not be bound by part III of this
The Convention denounced at the time of ratification, acceptance, approval or accession
The Hague Convention concerning the conclusion of contracts in 1964, if its contractual
party, by it shall inform the Government of the Netherlands.
(6) for the purposes of this article shall not take the ratification, acceptance, approval
or access the States which are Contracting Parties to the Hague Convention on the
the conclusion of contracts or the 1964 Hague Convention on the international sale of goods 1964
effect before becoming effective termination, which can be
needed for those States in respect of both conventions. The depositary of this Convention,
in this regard, the meeting will take place with the Government of the Netherlands, as the depositary of the
given the conventions of 1964, to secure the necessary cooperation.
Article 100
(1) this Convention shall apply to the conclusion of contracts only in cases where the
proposal on conclusion of the contract is made on the date on which this Convention enters into
force for Contracting States referred to in article 1 (1). 1 (b). and) or
the Contracting State referred to in article 1 (1). 1 (b). (b)), or after that date.
(2) This Convention applies only to contracts concluded on which this
The Convention shall enter into force for the Contracting States referred to in article 1 (1). 1
(a). ) or Contracting State and referred to in article 1 (1). 1 (b). (b)), or after the
This day.
Article 101
(1) a Contracting State may denounce this Convention or part II or part III
This Convention, provided that it shall send a formal written notification to the depositary.
(2) Denunciation shall take effect on the first day of the month following the
the expiry of 12 months from the notification received by the depositary. If
the notification is given a longer period for the denunciation takes effect, shall take
notice of termination of effect at the end of this long period following the receipt of the notification
by the depositary.
Given in Vienna on 11 March. April 1980 in one original copy of which
Arabic, English, Chinese, French, Russian and Spanish texts are
just as authentic.
In witness whereof the undersigned, duly empowered to do so by their Governments,
have signed this Convention.
XIII.
The status of the United Nations Convention on contracts for the international sale of goods (1991)
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The ratification of the
State Signature Access Acquisition
The validity of the approval
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Argentina 1) 19. 7.1983 1. 1.1988
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Australia 17. 3.1988 1. 4.1989
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Belgium
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Byelorussian SSR 1) 9.10.1989 1.11.1990
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CZECHOSLOVAKIA 3) 1. 9.1981 5. 3.1990 1. 4.1991
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China
Republic 2) 30. 9.1981 11.12.1986 1. 1.1988
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Denmark 4), 5) 26. 5.1981 14. 2.1989 1. 3.1990
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Egypt 6.12.1982 1. 1.1988
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Finland 4), 5) 26. 5.1981 15.12.1987 1. 1.1989
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France 27. 8.1981 6. 8.1982 1. 1.1988
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Ghana 11. 4.1980
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Chile 11. 4.1980 7. 2.1990 1. 3.1991
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Iraq 5. 3.1990 1. 4.1991
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Italy 30. 9.1981 11.12.1986 1. 1.1988
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YUGOSLAVIA 11. 27 4.1980. 3.1985 1. 1.1988
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Lesotho 18. 6.1981 18. 6.1981 1. 1.1988
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The Republic of Hungary 1) 7) 11. 4.1980 16. 6.1983 1. 1.1988
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Mexico 29.12.1987 1. 1.1989
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Netherlands 29. 5.1981
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Norway 4), 5) 26. 5.1981 20. 7.1988 1. 8.1989
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Poland 28. 9.1981
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Austria 11. 4.1980 29.12.1987 1. 1.1989
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Singapore 11. 4.1980
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United States of America
America 3) 31. 8.1981 11.12.1986 1. 1.1988
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The Federal Republic of
Germany 6) 26. 5.1981 21.12.1989 1. 1.1991
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The USSR 1) 23. 8.1990 1. 9.1991
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Syrie 9.10.1982 1. 1.1988
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Sweden 26 4.5. 5.1981 15.12.1987 1. 1.1989
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Switzerland 21. 2.1990 1. 3.1991
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Ukrainian SSR 1) 3. 1.1.1990 2.1991
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Venezuela 28. 9.1981
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Zambia 6. 6.1986 1. 1.1988
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Declarations and reservations
1. When ratifying the Convention, the Government of Argentina, the Belarusian SSR, Chile,
The Republic of Hungary, the USSR, the Ukrainian SSR declared in the context of the article.
12 and 96 of the Convention, that the provisions of article. 11, art. 29, or (II). the parts that
admit to the purchase contract or its amendment or cancellation of the agreement
party, or offer, acceptance of an offer or any other speech were
made in other than written form do not apply if one of the
of the parties has his place of business in their States.
2. when the consent with the Convention, the Government of the people's Republic of China stated that the
It does not feel bound by the provisions of the article. 1 (1). 1 (b). (b)) and article. 11, as well as
the provisions of the Convention, relating to the ust. article. 11.
3. when ratifying the Convention, the Government of the United States and the Czech and
Slovak Federal Republic have declared that they do not feel bound by the
the provision of article. 1 (1). 1 (b). (b)).
4. when ratifying the Convention, the Government of Denmark, Norway, Finland and Sweden
declared in the context of the article. 92 para. 1, that does not feel bound by the
the provisions of part II. The Convention (Contracting).
5. When ratifying the Convention, the Government of Denmark, Norway, Finland and Sweden
stated that in the context of the article. paragraph 94. 1 (a). 2 will not
The Convention applied to the relations of purchase contracts, if the parties have
place of business in Denmark, Iceland, Norway, Finland or Sweden.
6. when ratifying the Convention, the Government of the Federal Republic of Germany has stated,
that it will not apply the provisions. article. 1 (1). 1 (b). (b)) in respect of any
the State, which has declared that it will not apply article. 1 (1). 1 (b). (b)).
7. When ratifying the Convention, the Government of the Hungarian people's Republic has declared that
The Convention of the general terms of delivery between the organizations States COMECON
shall be governed by the provisions. article. 90 of the Convention. (Note: at the end of 1990, the Government of Hungary
States in accordance with the provisions. article. paragraph 97. 4 this statement had removed).
