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Source: Doc. B(1) Reproduced from UNCITRAL Yearbook VIII (1977), A/32/17, pages 25-64

EXCERPT FROM ANNEX I

Report of Committee of the Whole I relating to the
draft Convention on the International Sale of Goods

[...]

CISG
number		 Art. 65

Article 46

395. The text of article 46, as adopted by the Working Group on the International Sale of Goods, is as follows:

"(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date expressly or impliedly agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with any requirement of the buyer that may be known to him.
"(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may submit a different specification. If the buyer fails to do so, the specification made by the seller is binding."

Paragraph (2)

396. The Committee adopted, subject to drafting changes, a proposal that the last sentence of paragraph (2) read:

"If the buyer fails to do so after having received the request, the specification made by the seller is binding,"

This amendment ensures that the risk of transmission of the specification made by the seller is on the seller.

Decision

397. The Committee therefore recommends that the Commission should adopt the following text, now renumbered as article 47:

"Article 47

"(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with any requirement of the buyer that may be known to him.
"(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If the buyer fails to do so after receipt of such a communication, the specification made by the seller is binding." [page 53]

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Pace Law School Institute of International Commercial Law - Last updated July 26, 2007
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