International Sales Contract Law Buyers Obligations

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International Sales Contract Law ----Buyers
Obligations
1. Obligations of buyer 1.1 about England, Sale
of Goods Act, 1979 Article 27. Duties of seller
and buyer It is the duty of the seller to
deliver the goods, and of the buyer to accept and
pay for them, in accordance with the terms of the
contract of sale.
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International Sales Contract Law ----Buyers
Obligations
So the buyer has two primary obligations under
Sale of Goods Act, 1979 To pay the price To
accept the goods delivered
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International Sales Contract Law ----Buyers
Obligations
A. To pay the price Payment and delivery are
concurrent conditions the seller must be ready
and willing to give possession of the goods to
the buyer in exchange for the price and the buyer
must be ready and willing to pay the price in
exchange for possession of the goods.
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International Sales Contract Law ----Buyers
Obligations
B. To accept goods Two characteristics of
accepting goods in the code B1, Accepting goods
has close relationship with examining goods
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International Sales Contract Law ----Buyers
Obligations
(1) If it is a sale by description, when the
seller tenders delivery of goods to the buyer, he
is bound on request to afford the buyer a
reasonable opportunity of examining the goods for
the purpose of ascertaining whether they are in
conformity with the contract
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International Sales Contract Law ----Buyers
Obligations
(2) in the case of a contract for sale by sample,
the seller also are required to afford the buyer
a reasonable opportunity of examining the goods
for the purpose of ascertaining whether they are
in conformity with the sample
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International Sales Contract Law ----Buyers
Obligations
B2, Receipt of goods is not equal to acceptance
of goods The buyer is deemed to have accepted
the goods in the following circumstances (a)
when he intimates to the seller that he has
accepted them
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International Sales Contract Law ----Buyers
Obligations
(b) when the goods have been delivered to him and
he does any act in relation to them which is
inconsistent with the ownership of the seller.
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International Sales Contract Law ----Buyers
Obligations
(c) The buyer is also deemed to have accepted the
goods when after the lapse of a reasonable time
he retains the goods without intimating to the
seller that he has rejected them.
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International Sales Contract Law ----Buyers
Obligations
Buyer not bound to return rejected goods
Unless otherwise agreed, where goods are
delivered to the buyer, and he refuses to accept
them, having the right to do so, he is not bound
to return them to the seller, but it is
sufficient if he intimates to the seller that he
refuses to accept them.
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International Sales Contract Law ----Buyers
Obligations
1.2 Under U.C.C Article 2-301 of UCC The
obligation of the seller is to transfer and
deliver and that of the buyer is to accept and
pay in accordance with the contract.
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International Sales Contract Law ----Buyers
Obligations
A, tender payment of buyer Article of 2-511 of
UCC (1) Unless otherwise agreed tender of payment
is a condition to the sellers duty to tender and
complete any delivery.
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International Sales Contract Law ----Buyers
Obligations
(2) Tender of payment is sufficient when made by
any means or in any manner current in the
ordinary course of business unless the seller
demands payment in legal tender and gives any
extension of time reasonably necessary to procure
it.
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International Sales Contract Law ----Buyers
Obligations
B, to examine the goods ????????????????????
2-513. Buyer's Right to Inspection of Goods. (1)
where goods are tendered or delivered or
identified to the contract for sale, the buyer
has a right before payment or acceptance to
inspect them at any reasonable place and time and
in any reasonable manner.
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International Sales Contract Law ----Buyers
Obligations
(2) Expenses of inspection must be borne by the
buyer but may be recovered from the seller if the
goods do not conform and are rejected.
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International Sales Contract Law ----Buyers
Obligations
???,????????????? 2-512. Payment by Buyer
Before Inspection. (1) Where the contract
requires payment before inspection,
non-conformity of the goods does not excuse the
buyer from so making payment
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International Sales Contract Law ----Buyers
Obligations
(2) Payment pursuant to subsection (1) does not
constitute an acceptance of goods or impair the
buyers right to inspect or any of his remedies.
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International Sales Contract Law ----Buyers
Obligations
1.3 Under CISG ?Article 53 The buyer must
pay the price for the goods and take delivery of
them as required by the contract and this
Convention.
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International Sales Contract Law ----Buyers
Obligations
A, to pay the price A1, ???? ?Article 54
The buyer's obligation to pay the price includes
taking such steps and complying with such
formalities as may be required under the contract
or any laws and regulations to enable payment to
be made.
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International Sales Contract Law ----Buyers
Obligations
A2,???? ?Article 57 (1) If the buyer is not
bound to pay the price at any other particular
place, he must pay it to the seller (a) at the
seller's place of business or (b) if the
payment is to be made against the handing over of
the goods or of documents, at the place where the
handing over takes place.
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International Sales Contract Law ----Buyers
Obligations
A3,the time of payment ?Article 58 (1) If the
buyer is not bound to pay the price at any other
specific time, he must pay it when the seller
places either the goods or documents controlling
their disposition at the buyer's disposal in
accordance with the contract and this Convention.
The seller may make such payment a condition for
handing over the goods or documents.
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International Sales Contract Law ----Buyers
Obligations
(2) If the contract involves carriage of the
goods, the seller may dispatch on terms whereby
the goods, or documents controlling their
disposition, will not be handed over to the buyer
except against payment of the price.
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International Sales Contract Law ----Buyers
Obligations
(3) The buyer is not bound to pay the price until
he has had an opportunity to examine the goods,
unless the procedures for delivery or payment
agreed upon by the parties are inconsistent with
his having such an opportunity.
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International Sales Contract Law ----Buyers
Obligations
A4, to determine the price (4)???????????????????
????????????????,??????????????????????????,??????
???????,???????????
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International Sales Contract Law ----Buyers
Obligations
?Article 55 Where a contract has been
validly concluded but does not expressly or
implicitly fix or make provision for determining
the price, the parties are considered, in the
absence of any indication to the contrary, to
have impliedly made reference to the price
generally charged at the time of the conclusion
of the contract for such goods sold under
comparable circumstances in the trade concerned.
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International Sales Contract Law ----Buyers
Obligations
Conditions (1) the contract has been validly
concluded (2) no provisions for expressly or
implicitly determining the price can be found in
the contract (3) the time of the conclusion of
the contract should be adopted to determine the
price of the goods
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International Sales Contract Law ----Buyers
Obligations
(4) the price should be fixed in accordance with
the general price for such goods under comparable
circumstances in the trade concerned (5) If the
price is fixed according to the weight of the
goods, in case of doubt it is to be determined by
the net weight.
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International Sales Contract Law ----Buyers
Obligations
B, To accept the goods ?Article 60 of CISG The
buyer's obligation to take delivery consists
(a) in doing all the acts which could reasonably
be expected of him in order to enable the seller
to make delivery and (b) in taking over the
goods.