United Nations Convention on Contracts for the International Sale of Goods (CISG) Practice Flashcards

A collection of vocabulary flashcards covering the sphere of application, general provisions, and obligations of the seller and buyer under the CISG.

CISG Article $1$ (Scope of Application)

This Convention applies to contracts of sale of goods between parties whose places of business are in different states, provided they are Contracting States or private international law leads to the law of a Contracting State.

CISG Article $2$ (Exclusions)

The Convention does not apply to sales of goods for personal, family, or household use; sales by auction; execution or authority of law; or sales of stocks, shares, investment securities, negotiable instruments, money, ships, vessels, hovercraft, aircraft, or electricity.

Article $3$ Manufacture Rule

Contracts for the supply of goods to be manufactured are considered sales unless the buyer undertakes to supply a substantial part of the materials necessary for such manufacture.

Article $3$ Labour/Services Exclusion

The Convention does not apply to contracts where the preponderant part of the obligations of the party furnishing the goods consists of the supply of labour or other services.

Article $4$ (Standard Application Scope)

The Convention governs only the formation of the contract and the rights and obligations of the seller and buyer, excluding issues of contract validity, provisions, usage, or the effect on property in the goods sold.

Article $5$ (Liability Exclusion)

The Convention does not apply to the liability of the seller for death or personal injury caused by the products to any person.

Article $6$ (Party Autonomy)

The parties involved have the right to exclude the application of the Convention or, subject to Article $12$, derogate from or vary the effect of its provisions.

Article $7$ (Interpretation Principles)

Interpretation must regard the international character of the Convention, the need to promote uniformity, and the observance of good faith in international trade.

Article $8$ (Interpretation of Intent)

Statements and conduct of a party are interpreted according to their intent if the other party knew or should have known it, or otherwise according to the understanding of a reasonable person in the same circumstances.

Article $9$ (Usages and Practices)

Parties are bound by any usage they have agreed to and any practices established between themselves, including widely known international trade usages.

Article $10$ (Place of Business)

If a party has multiple places of business, the one with the closest relationship to the contract and its performance is used; if no place of business exists, reference is made to their habitual residence.

Article $11$ (Freedom of Form)

A contract of sale does not need to be concluded in or evidenced by writing and can be proved by any means, including witnesses.

Article $12$ (Writing Requirement Declaration)

States making a declaration under Article $96$ can mandate that any contract formation, modification, or termination must be in writing, overriding the freedom of form in Article $11$.

Article $30$ (Seller's Primary Obligations)

The seller must deliver the goods, hand over documents related to them, and transfer the property in the goods as required by the contract and the Convention.

Article $31$ (Place of Delivery)

If not fixed, delivery occurs by handing goods to the first carrier, placing goods at a specific place known to parties for identified goods, or at the seller's place of business.

Article $33$ (Time of Delivery)

The seller must deliver goods on a fixed date, within a fixed period, or within a reasonable time after the contract's conclusion.

Article $53$ (Buyer's Primary Obligations)

The buyer is required to pay the price for the goods and take delivery of them according to the contract and the Convention.

Article $55$ (Determination of Price)

If no price is fixed, parties are implied to have referred to the price generally charged at the time of the contract's conclusion for such goods in the relevant trade.

Article $57$ (Place of Payment)

If not specified, the buyer must pay at the seller's place of business or at the place where the handing over of goods or documents occurs.

Article $58$ (Time of Payment and Examination)

The buyer must pay when the goods or documents are placed at their disposal, and they are generally not bound to pay until they have had an opportunity to examine the goods.