ABSTRACT
The obligation to repair under Art. 46(3) CISG comprises, again, the buyer’s right to demand repair by the seller of goods that do not conform to the contract under Art. 35 CISG.
Oberlandesgericht Hamm (Germany), 9 June 1995,
CISG-online 146144
[Facts] [Seller], a manufacturer of windows and doors located in South Tyrol/Italy, asserts a balance of purchase price claim against [buyer] (located in Germany). [Buyer] ordered 19 window elements altogether from [seller] for the building project of his customer F. The window elements were delivered by [seller] between July 9 and July 19, 1991, and, after that, were installed by [buyer]. On July 5, 1991, [seller] billed [buyer] in the amount of DM [Deutsche Mark] 15,363.80 for the window elements. After the installation of the window elements by [buyer], it was discovered that a part of the ISO window-panes had defects. Because of [buyer’s] complaint, [seller] delivered new window-panes which were installed by [buyer] himself. [. . .] [Buyer] set off his claim for the costs of the installation of the replacement window-panes against [seller]’s claim.
