Introductory provisions



Scope of application



section 1 of this Act apply to the purchase of movable property.



The Act applies mutatis mutandis replacement of movable property.



The law does not apply to the transfer of the leasehold.



Upon purchase of the building constructed for permanent use in lieu

to the provisions of 3, 13, 17-21 and 30-40 as prescribed in § 4

Cape. 11, 12 and 18-19 d of the land code. If a leasehold tenure pursuant to

Chapter 13. section 5 of the land code has included the transfer of a building, apply

the mentioned provisions of the land code unless anything else follows

of Chapter 13. section 8 of the land code.



section 2 of the Act apply to ordering a product to be manufactured, except when

the requester shall provide a substantial part of the material. The law

does not apply to contracts for the construction of the building or other facility

on land or in water.



The law does not apply to contracts which means that the person who is to deliver a product

to perform the work or any other service, if the service constitutes the

most of his obligation.



Contractual freedom



paragraph 3 of the law's provisions do not apply insofar as the subject

the agreement, of the practices that have been trained between the parties or

commercial use or any other practice that must be regarded as binding on the parties.



Consumer sales



section 4 of the Act does not apply in cases where the consumer law (1990:932) is

applicable.



International sale



section 5 of the Act does not apply in cases where the law (1987:822) on the international sale

is applicable.



The delivery



Download buy



section 6 of the goods shall be made available for collection in which the seller at the time of purchase

had his place of business or, if he lacked business place that had

connection with the purchase, resident. The parties knew at the time of purchase that the item

or the batch from which it is to be taken were in another location,

the product will be available for collection on this site.



The product is discharged when the buyer has taken care of it.



Transport purchase



section 7 of the goods shipped to buyer within one and the same city or

in a field where the seller usually provides for the transport of similar

goods, the delivery when the goods are handed over to the buyer.



If the goods are otherwise to be transported to the buyer and does not

a delivery contract clause or otherwise, delivery

When the goods are handed over to the carrier who has committed transport

from the place of dispatch. If the seller performs the transport, takes place

delivery only when the goods are handed over to the buyer.



Has the product been sold "free", "delivered" or "free delivered" with

specification of a specific place, it is not discharged until it has come

up to this place.



§ 8 the seller shall arrange the transport of the goods, he shall conclude contracts for the

the transport to the place of destination with the appropriate means of transport and on

the usual terms for such transportation.



Time of delivery



§ 9 the goods not delivered after demand or without delay and

follow the time of delivery nor otherwise by the agreement, the goods

delivered within a reasonable time after the purchase.



The goods shall be delivered within a certain period of time and it is not clear from the

circumstances that it is up to the buyer to determine the timing for

delivery, it shall be determined by the seller.



If the seller at the time of purchase shall determine the download delivery,

He must inform the buyer in time for when the item is available for

takeout.



Right to withhold goods



section 10 Has not given credit or deferred payment, he is

not required to disclose product or, through transfer of documents

or otherwise, deprive themselves of disposal over it until

payment is made.



The seller shall send the goods from the place where it should be delivered, he may

the first paragraph does not fail to dispatch it. He may, however,

prevent the article or document in relation to the goods supplied to the purchaser

before payment is made.



The cost of the goods



section 11 of the seller is responsible for any costs incurred for the goods before

delivery and does not depend on the delivery has been delayed

as a result of any circumstance on the buyer's side.



The risk for the goods



What risk means



section 12 Carries the risk of the goods to the buyer, he is obliged to pay the product even

If it has been destroyed, lost, impaired or reduced by an

the event that is not attributable to the seller.



Passing of risk



section 13, the risk passes to the buyer when the goods are delivered under the contract, or

in accordance with section 6 or 7.



Delivered goods are not at the right time and it depends on the buyer or something

relationship on his side, the risk goes over to the buyer when the seller has

done what is for him to delivery.



The buyer shall pick up the goods at a place other than the seller, the risk goes

over when the time for delivery is inside and the buyer has learned that

the product is available for collection.



section 14 of the risk never goes over to the buyer until the marking,

Note in the transport document or otherwise made clear that

the product is intended for the buyer.



Goods in transit



section 15 relates to the purchase of goods during transport, the risk goes over to the buyer at the

the purchase, if it is not apparent from the circumstances that the buyer has committed

to bear the risk from the time when the goods were handed over to the

Carrier issuing the transport document. However, the seller bears the

always the risk of the goods at the time of purchase has been destroyed, lost,

impaired or reduced, if he knew, or should have known,

This however has not informed the buyer about it.



Open purchase



16 § has open purchase contracted for and delivered the goods, the buyer bears the risk of

its that the product be returned.



The nature



Conformity with the contract, etc.



section 17 of the goods shall, in respect of the nature, quantity, quality, other characteristics and

packaging comply with the provisions of the agreement.



Subject to the provisions of the agreement, the goods



1. be suitable for the purpose for which goods of the same kind in General

is used,



2. be appropriate for the specific purpose for which the product was designed to

be used, if the seller at the time of purchase must have realized this specific purpose

and the buyer has had a reasonable reason to rely on the seller's

expertise and assessment,



3. have the characteristics that the seller has referred to by presenting

sample or model, and



4. be packaged on plain or otherwise justifiable way, if

packaging needed to preserve or protect the article.



If the article deviates from that stipulated in the first or second subparagraph

or in any other respect deviate from what the purchaser could rightly

assume, is the product to be regarded as incorrect.



18 § Error exists even if the goods do not comply with such

data on the characteristics or use by the seller

in the marketing of the goods or otherwise prior to the purchase and likely

have affected the purchase.



The goods shall be considered invalid if it does not comply with such

information on its properties or use as someone other than

the seller, in earlier säljled or on behalf of the seller, prior to the purchase has

left in the marketing of the goods and that can be assumed to have affected the

purchase. The product, however, shall not be deemed to be invalid, if the seller either knew

or should have known the details.



The first and second subparagraphs shall not apply, if the data have been corrected in time

in a clear manner.



Existing condition



19 § even if the goods are sold "as is" or with a similar

General subject, it shall be deemed to false, if



1. the goods are not in conformity with such information on its properties

or use by the seller prior to purchase and can be assumed to have

impacted on the purchase,



2. the seller prior to purchase has failed to inform the buyer of such a

material relationship regarding the characteristics or use as

He must be presumed to have known and which the purchaser reasonably could expect to

be enlightened if, provided that the failure can be assumed to have

impacted on the purchase, or



3. the article is in considerably worse condition than the buyer with respect to the

price and other circumstances, reasonably have been assumed.



When a used to be sold at auction, it sold "as

condition ". For the purposes of the first subparagraph of paragraph 3 shall in that case be

to the starting price.



Examination of the goods before purchase



section 20 of the buyer may not be as wrong to invoke what he must be presumed to have known of the

at the time of purchase.



Have the buyer examined the goods before purchase or without acceptable reason

failure to comply with seller's call to investigate it, he may not

such as failure to invoke what he should have noticed during the examination, unless the

the seller has acted in breach of good faith.



The second paragraph also applies when the buyer before purchase has had the opportunity to

examine a sample of the product and the error is for a property that would be shown

of the sample.



Crucial time for determining whether errors exist



section 21 of the question if the article is incorrect must be assessed with regard to its

nature, when the risk of the goods passes to the buyer. The seller responds

for errors that have been at that point even if the defect turns out first

later.



A deterioration of the goods after the risk has passed to the

the buyer, the goods are deemed faulty, if the deterioration is a result of

the seller's breach of contract. The same applies if the seller by a guarantee

or similar undertaking has committed to for a certain time to answer for


the usability or other characteristics, and degradation relate to a

property covered by the pledge.



Penalties for delay in delivery of the goods



The penalties provided for



section 22 of the Delivered goods or not delivered it too late and is not

to the buyer or any relationship at his side, the buyer may, in accordance with

23--29 sections require performance or cancel the order and require in addition

damages. He may also withhold payment pursuant to § 42.



Performance



section 23 of the buyer may stick with the purchase and demand execution. The seller is

not, however, obliged to fulfill the purchase, if there is an obstacle

He can't overcome, or if the performance would require

sacrifices are not reasonable with regard to the buyer's interest

the seller to fulfill your purchase.



If a relationship that has just been mentioned ceases within a reasonable time, the buyer may

However, require the seller to fulfill your purchase.



The buyer loses the right to require the seller to fulfill the bargain, if he

waiting for unreasonably long to produce the requirement.



section 24 Asking the seller if the buyer accepts delivery despite the delay in

a certain amount of time or notify the seller that he will fulfill the purchase

within a certain period of time and the buyer does not respond within a reasonable time after the

He has a question or message, the buyer may not cancel the purchase if

the seller fulfills it in the time that he entered.



Rescission



section 25 of the purchaser may cancel the purchase because of the seller's delay, if the

the breach is of material importance for the buyer and the seller knew

or should have known this.



If the customer has submitted to the seller a certain additional time for the

the submission and is not unreasonably short, the buyer may also cancel the purchase if

the goods are not delivered within the additional time.



While additional time runs the buyer may cancel the purchase only if the seller

announces that he will not fulfill the purchase within that time.



section 26 refers to the purchase of goods to be manufactured or procured specifically for

the buyer after his instructions or requests and the seller may not

without substantial loss absorbing the goods in any other way, the buyer may

cancel the purchase because of the seller's delay only if his purpose with the purchase

is substantially mistaken by the delay.



Damages



paragraph 27 of the buyer has the right to compensation for the damage he suffers through

seller's delay, unless the seller shows that the delay is due to a

obstacles beyond his control that he could not reasonably have

anticipated at the time of purchase and the consequences of which he could not reasonably have

avoided or overcome.



The delay depends on someone that seller has contracted to completely or

partly fulfill the purchase, the seller is free from liability only

If the he has hired would be free under the first subparagraph.

The same applies if the delay is due to a provider that the seller has

hired or someone else in the previous säljled.



According to the first and second subparagraphs is replaced not such indirect loss that

referred to in paragraph 67.



The buyer always has the right to compensation, if the delay or loss

is due to the negligence of the seller.



section 28 Prevented the seller to fulfill the purchase at the right time, he shall leave the

the buyer notice of the impediment and its effect on the possibilities of

performance. If the buyer does not receive such notice within a reasonable time

After the seller has had or should have had knowledge of the obstacle,

the buyer is entitled to compensation for the damage which could have been avoided if

He had received the message in time.



Notice of rescission and damages



section 29 Has the product been delivered too late, the buyer may not cancel the purchase or

claim damages due to the delay, if he does not, within a reasonable time

After he learned of delivery notifies the seller that he

terminates or to claim damages. If the purchaser cancels the purchase, he needs

not, however, provide specific notification that he would demand compensation.



Penalties for defects in the goods



The penalties provided for



section 30 Is the article wrong and it does not depend on the buyer or something

relationship on his part, the purchaser under §§ 31-40 require

rectification, replacement or a price reduction or to cancel the purchase and in addition,

claim damages. He may also withhold payment pursuant to § 42.



Examination of the goods after delivery



section 31 when the goods have been delivered to the buyer as soon as the circumstances

allow it to examine it in accordance with honest practices in industrial or commercial matters.



It appears that the goods shall be transported from the place of delivery,

the buyer may wait with the survey until the merchandise has arrived

forward.



If the buyer modifies the destination while the product is on the way or send

the product on without having had a reasonable opportunity to examine it, and

the seller at the time of purchase knew or should have known of the possibility of a

such diversion or retransmission, the investigation may be delayed

until the goods have arrived at the new destination.



Notice of claim



32 § the buyer may not claim that the product is defective, if he does not leave

the seller notice of the defect within a reasonable time after he noticed

or should have noticed the error (complaint).



Buyer does not, within two years from the time he receives the

the product, he loses the right to rely on the error, subject to a

guarantee or similar undertaking.



section 33 notwithstanding §§ 31 and 32, the buyer may claim that the product is

false, if the seller has acted grossly negligent or in breach of faith

and honour.



Remedial and replacement



section 34 the buyer has the right to require the seller to remedy the defect without

cost to buyer, if remediation can be accomplished without undue cost or

inconvenience to the seller. Instead of to remedy the defect, the seller may

carry out redelivery under section 36.



The buyer has the right to demand a new delivery, if the breach is of material

importance for him and the seller knew or should have known this.

The buyer has not, however, entitled to claim a new delivery, if there is a

relationship within the meaning of section 23. The buyer has no right to

require replacement, in the case of an article that existed at the time of purchase and

that, in view of their characteristics, and to what the parties must be adopted

have provided, can not be replaced with any other commodity.



If the seller does not fulfil the obligation to remedy the defect, the buyer

the right to compensation for justifiable costs of remedying it.



35 § buyer may not require fault remedy or replacement, if he

do not leave the seller notice of the requirement in connection with he

make a warranty claim, or within a reasonable time thereafter. However, this does not apply if

the seller has acted grossly negligent or in breach of good faith.



36 § Even if the buyer does not require it, the seller is entitled, at its own

expense, remedy the defect or make a new delivery, if this can be done without

significant inconvenience to the buyer and without risk to the buyer does not receive

the expenses reimbursed by the seller.



The seller must not rely on the fact that he has not been given the opportunity to remedy the

error or undertake redelivery, if the buyer has a fault and it with

the circumstances could not reasonably be required to the buyer

would await remedial or replacement from seller.



Price reduction and cancellation



37 section on remedying or replacement do not qualify or does not take place

within a reasonable time after the complaint, the buyer may demand reduction of the price

calculated in accordance with section 38 or withdraw from the contract according to § 39.



The buyer, however, shall not be entitled to a price reduction on purchases of used goods on

auction.



section 38 Requires the buyer a price reduction, it must be calculated so that the relationship

between the reduced and the contractual price corresponding to the ratio

at the time of delivery between the value of the incorrectly and in

a contractual condition.



section 39 the purchaser may cancel the purchase because of the error, if the breach is of

essential for him and the seller knew or ought to have known,

this.



The buyer may not cancel the purchase because of the error, if he does not, within a reasonable

time after he noticed or should have noticed the fault, or after the

time for rectification or replacement which may arise from § 37, announces

the seller that he withdraws from the purchase. However, this does not apply if the seller has

acted grossly negligent or in breach of good faith.



Damages



section 40 of the buyer has the right to compensation for the damage he suffers by

the article is incorrect, unless the seller shows the existence of a

such obstacles referred to in paragraph 27 of the first or second paragraph to

deliver flawless. The provisions of section 28 of the seller's obligation to

give the buyer notice of refusal to fulfill the purchase in time

Similarly, if there is an impediment to deliver flawless

be.



Under the first subparagraph does not replace such indirect loss referred to in 67

§ second paragraph.



The buyer always has the right to compensation, if the error or loss depends

on the negligence of the seller or if the product upon purchase deviated from

what the seller has specifically committed.



Penalties for judicial errors



section 41 If the third party has title to the goods or has a lien or

other similar right in the (legally wrong) and it does not comply with the agreement

the buyer shall take delivery of the goods with the limitation that third party rights

causes, the provisions concerning the claim in paragraph 32 and

section 33, if the remedial and replacement of 34--36 sections, if price reductions and

rescission in 37--39 sections, for damages in § 40 and if the purchaser's right to

withhold payment in section 42.




The buyer always has the right to compensation for the damage he suffers through

a judicial error that existed at the time of purchase, if he neither knew or

should have known about the defect.



Penalties by judicial errors may also be claimed, if a third party claims

He has such a right referred to in the first paragraph and there is

probable reasons for the claim.



Common provisions on penalties for the seller's breach of contract



The right to withhold payment



42 § has buyer requirements because of the seller's delay or due to

that the goods are defective, the buyer may withhold as much of the payment

that corresponds to the requirement.



Partial breach



section 43 Is only part of the delivery is late or inaccurate, apply

the provisions of the relevant breach of contract the buyer may on this part.

cancel the purchase in its entirety, if the breach is of essential importance for the

him in terms of the entire purchase and the seller knew or ought to have known,

this.



If it can be assumed that the seller claims to have completed the purchase in its entirety

Despite the fact that not everything has been delivered, the provisions on error.



Rescission by the progressive delivery



section 44 Shall the submission happen gradually and is any partial delivery delayed

or incorrect, the buyer may declare the contract avoided in respect of this according to the

rules that otherwise apply for cancellation.



If the delay or failure gives reason to believe that a breach of that

gives the right to rescission will occur with respect to any later

partial delivery, the buyer may cancel the order on this basis in respect of such a

later deliveries, if it takes place within a reasonable time.



Withdraws from the buyer in the case of a partial delivery, he may at the same time lift the in question

If previous or subsequent deliveries if, because of the context

between them would have significant inconvenience to stand firm on the purchase

in respect of these supplies.



The buyer's obligations



Price determination



45 section Follows the price not by the agreement, the buyer shall pay what is

reasonable having regard to the nature and nature, the going price at the

time of purchase as well as the circumstances in the other.



section 46, the price is calculated according to the number of dimensions or weight, the

amount at the time when the risk of the goods passes to the buyer added

the basis for calculation.



If the price is calculated according to the weight, be set off first

the package's weight.



47 section Has the buyer received a Bill, he is bound by the price

specified in the Bill. However, this does not apply, if he's within a reasonable time

notifies the seller that he does not accept the price, for a lower price

follow the agreement or if the required amount is unreasonable.



Payment



48 § payment must be made with the seller. If payment is to be made against

the handing over of the goods or document relating to the goods, it shall be done

where the handing over takes place.



The obligation to pay also includes duty to in accordance with the

the agreement to accept the switch and set the letter of credit, bank guarantee or other

Security and to take the other measures necessary to enable the

payment.



section 49 does not Follow the time of payment of the contract, the buyer shall

pay when the seller requires the Buyer is not obliged ... to pay

until the goods are held or received by him at his disposal in

accordance with the agreement.



Before the buyer pays, he has the right to examine the goods as

implied by custom or should be permitted in the circumstances, if

not the way of delivery and payment are incompatible

with such an investigation.



Has the Bill of lading issued for the transport to the place of destination

or transported goods in other respects under such conditions that the seller does not

Since the payment has been made may dispose of the goods, without prejudice to

first or second subparagraph, payment shall be required against the Bill of lading or when

the buyer has received the consignment note or other proof that the goods

be transported under such conditions.



Buyer's involvement, etc.



section 50 of the buyer shall



1. contribute to the purchase in a way that can reasonably be expected of

him to the seller must be able to fulfill the purchase, and



2. download or receive goods.



Penalties for the buyer's breach of contract



The penalties provided for



51 § buyer pays not in time, or he participates not to purchase

According to paragraph 1 and this depends not on the seller or any relationship

on his part, the seller may according to 52-59 sections require payment or

other performance or withdraw from the contract and claim damages. He

may also withhold the goods under section 10 and require interest under section 71.



The buyer does not fulfil his obligation to collect or receive the product and

This depends not on the seller or any relationship on his part,

section 57 applies, section 55-58-fourth paragraphs and §.



Claim for payment or other performance



section 52 the seller may hold on to purchase and require payment.



If the buyer cancels a product to be manufactured or obtained

especially for him, the seller may not, however, hold on to your purchase through

to complete production, take other preparation for delivery

and require payment. However, this does not apply, if a break would

cause a significant inconvenience for the seller or the risk that his

loss as a result of the cancellation will not be replaced. Damages on

because of the cancellation is calculated as 67--70 sections.



Have the goods have not yet been delivered, the seller loses the right to require

payment, if he is waiting for unreasonably long to produce the requirement.



53 § the seller may hold on to purchase and require the buyer to participate

to purchase pursuant to paragraph 1. The buyer, however, is not required to contribute to the

the purchase, if there is an obstacle that he can't overcome, or if

his participation would require sacrifices that are not reasonable in

account of seller's interest in the buyer's involvement.



If a relationship that has just been mentioned ceases within a reasonable time, the seller may

, however, require that the buyer is involved in the purchase.



The seller loses the right to demand that the buyer is involved in the purchase, if

He is waiting for unreasonably long to produce the requirement.



Cancellation due to late payment



§ 54 the seller may cancel the purchase because of buyer's delay in

the payment, if the delay constitutes a material breach.



The seller shall be submitted to the purchaser a fixed extension of time for payment and

is it not unreasonably short, may purchase also lifted if the buyer does not pay

within the additional time.



While the additional period the seller may declare the contract avoided only if buyer

announces that he will not pay within this time.



Has the product been in possession of the buyer, the seller may declare the contract avoided only

If he has reserved the right to this or the buyer rejects the goods.



Cancellation due to lack of participation



section 55 the seller may cancel the purchase if the buyer does not contribute to the purchase

According to paragraph 1 and the breach is of material importance to the seller

as well as the acquirer knew or should have known this. The seller may, under the same

conditions cancel the purchase if the buyer does not obtain in good time or take

received product in cases where it is clear from the contract or the circumstances that

the seller has a particular interest in getting rid of that which he has

sold.



The seller may withdraw from the contract, if the buyer does not within a certain

the additional time which the seller has submitted to the buyer and not unreasonable

card



1. contributing to the purchase, in accordance with paragraph 1, or



2. download or receive your goods in cases where it is clear from the agreement or

the facts that the seller has a particular interest in getting rid of

with that which he has sold.



While an extension of time are at the seller may declare the contract avoided only if buyer

announces that he will not perform his obligations within

the additional time.



Rescission by the progressive delivery



section 56 Shall pay for care in special items as

the submission is done and there is delay in payment of any

partial delivery, the seller may declare the contract avoided in respect of this part delivery as

the rules that otherwise apply for cancellation.



The seller may cancel the purchase even in case of a later installment, if it

No, there is no need to assume that late payment which gives the correct

the revocation will be repeated.



Damages



57 § the seller has the right to compensation for the damage he suffers through

buyer's late payment, unless the buyer proves that the delay

depends on the law, disruptions in public transport or

the payment agency or other similar obstacles as the buyer does not

reasonably have foreseen at the time of purchase and the consequences of which he

could not reasonably have avoided or overcome.



The seller is also entitled to compensation for the damage he suffers through

that the buyer does not contribute to the purchase in accordance with paragraph 1 or by

the buyer is not at the right time, download or receive the product in cases where the

evidenced by the contract or the circumstances that the seller has a particular

interest in getting rid of that which he has sold. The right to compensation in

in these cases, there is not, however, if the buyer proves that there has been

a barrier of the kind referred to in paragraph 27 of the first or second paragraph of

to contribute to the purchase or to download or receive goods.



In accordance with the second subparagraph is replaced not such indirect loss referred to in 67

§ second paragraph.



The seller is always entitled to compensation, if the breach or

the loss is due to negligence on the buyer's side.



58 § Prevented the buyer to complete the purchase in the right time, he shall leave the


the seller notice of the impediment and its effect on the possibilities of

performance. If the seller does not receive such notice within a reasonable time

After the buyer has had or should have had knowledge of the obstacle,

the seller is entitled to compensation for the damage which could have been avoided

If he had gotten the message in time.



Notice of rescission and damages



59 § the seller cannot cancel the purchase because of buyer's delay in

pay or to download or receive the goods, if he didn't before

performance has been announcing the buyer that he cancels.



If the buyer has left the participation referred to in paragraph 1 but this has been done for

late, the seller may not withdraw from the contract or claim damages due to

the delay, if he does not within a reasonable time after he learned

that involvement has been provided that he informs the buyer cancels, or would

claim damages. If the seller cancels the purchase, however, need not leave

Special Note If he wants to claim damages.



Specification



60 § buyer shall specify the form, measurement or other features

and he fails to do so by appointment, or within a reasonable time

After that he has received this request from the seller, the seller may make

the specification in accordance with what is likely to be in the buyer's

interest. This does not prevent the seller from relying on others

sanctions.



The seller shall inform the buyer about the specifications he makes and

submit to the buyer a reasonable time within which he may amend the

specification. Change the buyer not the specification within the time

before him, the seller's specification.



Feared a breach



Padding right



61 § turns out after purchase to a party to the action or

economic conditions are such that there are strong reasons to believe

He will not meet a substantial part of its obligations,

for its part, the other party may suspend performance and retain their

achievement.



Seller has already dispatched the goods and it turns out that such

conditions referred to in the first subparagraph arise on the buyer's side,

the vendor prevent the goods supplied to the buyer. This is true even if

the buyer has received the transport document relating to the goods.



Whoever suspends performance or prevent product disclosure shall

immediately notify the other party thereof. If he doesn't, the defendant has the right

to compensation for the damage he suffers by such

message has not been submitted in time.



The who has set their execution and prevented disclosure of product

shall continue the performance, if the novice sets acceptable security

for his performance.



Rescission



section 62, it is clear that there will be a breach of contract that gives

a party is entitled to cancel the purchase, he may withdraw before the time of

performance. The termination is without effect, if the other party immediately set

acceptable security for his performance.



Bankruptcy etc.



section 63 Has a party been declared bankrupt, the bankrupt may enter into

the agreement. The other party may require that the nest within a reasonable time provide information on

It would arise.



Entering the estate in the contract and the time for the other party's

performance in, he may require the estate to fulfil its performance

or, if the period of grace has been granted, without unreasonable delay, set

acceptable security for his performance. The time for the other party's

performance not inside, he may require security for the Special

reason is necessary to protect itself against loss.



If the nest is not within a reasonable time after the other party's requirements under the first

subparagraph shall arise in the contract or does not comply with the other party's requirements

in accordance with the second subparagraph, the other party may cancel the purchase.



Handed over the goods to the buyer or his bankruptcy estate after

application for reorganisation under the Act (1996:764) if

corporate restructuring has been made with regard to the buyer or his

been declared bankrupt and have payment has not been made, the seller may require

that the product be returned. The article need not be returned,

If payment is made immediately or, in the case when the purchase price has not yet been

due for payment, the buyer or the bankruptcy estate within a reasonable time

After the call, set the acceptable security for payment.



If the estate has sold the goods or otherwise having possession

it so that it can't be left back substantially unchanged and

undiminished, the estate is deemed to have entered into the agreement.

Law (1996:776).



Common provisions on revocation and replacement



Effects of cancellation and replacement



64 § Cancelled the purchase, the seller's obligation to deliver the goods lapses and

the buyer's obligation to pay, and contribute to the purchase.



To the extent that the purchase has been completed, each party may require that the other party

return what he has received. Each may withhold

what he has received, until the other gives out what he will

return and pay or acceptable security for

damages and interest which he may be liable to pay.



If the seller shall make a new delivery, the buyer may withhold what he has

received until the replacement is done.



65 § Cancelled the purchase, the buyer shall give out the return of the goods which he has

a review and pay reasonable compensation if he has had another benefit of the product.



If the seller shall return the payment, he shall pay interest

from the day he received the payment.



Loss of right to cancellation and replacement



66 § the buyer may cancel the purchase or require replacement only if he can

Please return the goods substantially unchanged and undiminished.



The right to cancel the order or to request redelivery is not lost, if



1. the product has been destroyed, lost, impaired or diminished by their

own nature or any other relationship that does not depend on

the buyer,



2. the goods have been destroyed, degraded or diminished as a result of an action

that have been necessary to consider whether the product is error-free, or



3. goods wholly or partially resold in the normal or

used by the purchaser for the provided service before he noticed or should have

noticed the error because of which he wants to cancel the purchase or require

redelivery.



The right to cancel the order or to request redelivery is not lost,

If the buyer replaces the seller the reduction in the value of the goods which is a

due to the product has deteriorated or been reduced.



The damages



General



67 § Damages due to breach of contract includes compensation for

expenses, the difference in price, loss of profit and other direct or indirect

loss by reason of the breach. Damages under this Act

does not cover compensation for loss suffered by the purchaser are added by

damage to, other than the goods sold.



As indirect loss is considered



1. loss due to reduction or loss of production or

turnover,



2. other losses as a result of the product cannot be used as intended

way,



3. loss of profits as a result of a contract with a third party has fallen

away or have not been properly fulfilled, and



4. other similar loss, if it was difficult to predict.



As indirect loss referred to in the second subparagraph is however considered not such

loss which the victim has had to limit the loss of

other than that specified in the second subparagraph.



Price difference



section 68 Has been waived and purchase the buyer made a coverage buy or seller

sold the item again, and the measure has been taken with care and within

reasonable time after the purchase was lifted, the price under the purchase and

the price for the purchase or sale of coverage as a basis for the calculation

of the price difference.



section 69 Has purchase lifted without coverage buy or sale under paragraph 68

has been made and there is a going price for such goods purchase

concerns, the price under the purchase and the going price at the time of

termination to the basis for calculation of the price difference.



Limitation of damage and reduction of damages



70 § the injured party shall take reasonable measures to

limit their damage. He neglects it, he must bear a corresponding

part of the loss.



If the damages are unreasonable with respect to the skadeståndsskyldiges

ability to anticipate and prevent damage and

the facts are otherwise, compensation may be reduced.



Interest rate



71 § in the case of interest on price and other debt not paid in

time comes to the interest Act (1975:635).



In cases where the seller may demand payment for the supply of goods

However, interest is paid in accordance with paragraph 6 of the interest act right from the day the seller

producing such a requirement even if the date is not specified in

advance. The same applies in cases where the seller may demand payment against

such documents or evidence which means that the seller must not have

of the product after it has been disclosed to the buyer.



The second paragraph does not apply if the seller gives out product, document

or the evidence despite the fact that the payment is not made.



Care of goods



The seller's duty of care



72 section If the goods are not to be downloaded or received on time, or if it is not

handed over to the buyer as a result of any other relationship on his

page on behalf of the buyer, the seller shall take reasonable steps

care of the goods, if he has it in his possession or otherwise, take care

If the.



Buyer's duty of care



section 73 To the buyer reject an item that he has received, he shall for

the account of the seller take reasonable measures for the care of the product.



Would the buyer reject an item which has been sent to him and kept him


received at the destination, he will take care of it for the seller's

Bill, if it can be done without that payment takes place and without undue cost

or inconvenience. However, such an obligation does not exist, if the seller

or someone on his behalf can take care of the merchandise is available at

the place of destination.



Storage of third party



section 74 Is the party who is to take care about the goods forwarded it to third

for the storage of other party's behalf and has depository has been selected

care, is care free from armed forces responsible for party goods when

depository has received it.



Payments and reimbursements



75 § the party must take care if the article for the other party's behalf has the right

to compensation for Defense costs and expenses due to the

health care. He may withhold the goods until compensation is paid or

acceptable security is provided for it.



Sale of goods



76 section, the Party shall take care of the product must sell it if he cannot without

significant cost or inconvenience can continue with treatment or if

the other party delayed unduly long to take care of the article or to

to pay the goods or to reimburse the cost of medical care.



If the product is exposed to rapid destruction or deterioration, or if the

claims too costly care, it must be sold if it can be done.



The product shall be sold with care. The other party shall, if possible, be informed

prior to the sale.



section 77 Has a party entitled to sell the goods in accordance with § 76 but it cannot

sold or it is obvious that the price would not cover the costs

for a sale, the party in possession of the goods in any other way that is

justifiable. Before that happens, the other party shall be informed if possible.



78 § What a sale has brought in and what a party in any other way,

got out of the article, as well as costs incurred, are accounted for

the counterparty. Surplus belongs to the other party.



Return



79 § returns that item gives prior appointment for delivery

accrue to the seller, unless it reasonably could be calculated that it would

go later. Return of the goods gives after it shall

delivered become the property of the buyer, unless it reasonably could be calculated to the

should prove before.



80 of the purchase of shares included dividends that have not expired, to

payment before purchase and such preferential rights for the shareholders to participate in the

the issue which has not been exercised prior to the purchase.



81 § in purchases of interest-bearing debt includes interest accrued but

have not yet fallen due at the time agreed for

delivery. What corresponds to such interest, the buyer shall pay to the

the seller, in addition to the price, unless the claim has been sold as unsafe.



Some messages



82 § has a message that the buyer shall provide the seller under 23, 24;

29, 32, 35, 39, 47 or 61 § dispatched appropriately,

the message may be invoked even if it is delayed, mutilated or not going

forward. The same applies in respect of a communication that the seller must

leave the buyer according to 52, 53, 59 or 61.



Transitional provisions



1990:931



This law shall enter into force on 1 January 1991.



The Act repeals the law (1905:38 p. 1) for the purchase and replacement of furniture

with the proviso that the references to the law contained in

the law (in 1914:45) if the Commission, commercial agency and Traveler,

continue to apply.



In the case of contracts concluded before the entry into force, however, older

provisions.



1996:776



1. this law shall enter into force on 1 september 1996.



2. Have good man designated in accordance with the composition Act (1970:847) before

entry into force, however, older provisions.