[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]
excerpt from
Joseph Lookofsky
249. Section II of Chapter III consists of but one provision: Article 60. This rule, which breaks down buyer's obligations as regards delivery into two main elements, provides:
Paragraph (a) concerns preliminary acts. Sometimes, for example, it will be up to the buyer to arrange for carriage. In other cases, the buyer will need to designate the desired destination, so that the seller can arrange for timely shipment to the right place.
The buyer's obligation to take over the goods in paragraph (b) is significant, inter alia, where the seller's delivery obligation involves placing the goods at buyer's disposal:[l] the buyer who fails to take over the goods in time will bear the risk of accidental loss or damage after that time.[2] In cases involving carriage, the buyer's failure to take over the goods (from the carrier) will constitute a breach, [page 133] and the buyer may well be liable for the damages which result, e.g., so as to provide the seller with compensation for extra costs paid to the carrier in this regard.
Pace Law School
Institute of International Commercial Law - Last updated April 5, 2005