If these requirements are met, the seller is bound to take such steps as are reasonable to preserve the goods. The measures that ought to be taken will depend on the circumstances of the individual case. Usually, the seller will have to store the goods and protect them against damage. Under certain circumstances, it will be obliged to resell them (Art. 88(2) CISG). Art. 85, sentence 1 CISG adopts a lower standard than that of Art. 79 CISG, in that the seller may refrain from taking steps, even if they are within its control, if such steps would cause unreasonable costs or are otherwise disproportionate. The duty to preserve the goods ends at the time at which the buyer takes delivery or declares the contract avoided, or where the seller undertakes a resale (Art. 88). The seller is entitled to withhold the goods until the buyer reimburses it for the costs of storage and preservation (Art. 85, sentence 2). Questions Q 85-1 a) What is the function of Arts 85 to 88 CISG? b) Which party do they address? c) Which general rule is reflected in Art. 85 CISG? Q 85-2 What are the consequences if the party who is bound to preserve the goods does not comply with its duty? Q 85-3 Who bears the preservation costs under Art. 85 CISG if the buyer’s refusal to take delivery is justified? Q 85-4 Does Art. 85 CISG apply in the following situations where the seller pre-serves the goods after a) having tendered conforming goods of which the buyer does not take delivery, b) having tendered goods that are evidently non-conforming (= funda-mental breach) of which the buyer does not take delivery, c) having tendered too late (but non-delivery does not amount to fundamental breach) and the buyer does not take delivery, d) having tendered properly and the buyer is willing to take delivery of the goods but unjustifiably refuses to pay the purchase price, e) having tendered and the buyer is willing to take delivery of the goods and to pay the purchase price, but declares that it does not feel bound to the sales distribution agreement concluded between the parties. Without sticking to the distribution agreement, the seller will be deprived of what it was entitled to expect under the contract and will no longer be interested in upholding the contract, f) having tendered and the buyer takes delivery of only part of the goods, because there is allegedly no larger storage room available. Q 85-5 In view of Q 85-4, in which situations alone will the seller not be bound to

DOI link for If these requirements are met, the seller is bound to take such steps as are reasonable to preserve the goods. The measures that ought to be taken will depend on the circumstances of the individual case. Usually, the seller will have to store the goods and protect them against damage. Under certain circumstances, it will be obliged to resell them (Art. 88(2) CISG). Art. 85, sentence 1 CISG adopts a lower standard than that of Art. 79 CISG, in that the seller may refrain from taking steps, even if they are within its control, if such steps would cause unreasonable costs or are otherwise disproportionate. The duty to preserve the goods ends at the time at which the buyer takes delivery or declares the contract avoided, or where the seller undertakes a resale (Art. 88). The seller is entitled to withhold the goods until the buyer reimburses it for the costs of storage and preservation (Art. 85, sentence 2). Questions Q 85-1 a) What is the function of Arts 85 to 88 CISG? b) Which party do they address? c) Which general rule is reflected in Art. 85 CISG? Q 85-2 What are the consequences if the party who is bound to preserve the goods does not comply with its duty? Q 85-3 Who bears the preservation costs under Art. 85 CISG if the buyer’s refusal to take delivery is justified? Q 85-4 Does Art. 85 CISG apply in the following situations where the seller pre-serves the goods after a) having tendered conforming goods of which the buyer does not take delivery, b) having tendered goods that are evidently non-conforming (= funda-mental breach) of which the buyer does not take delivery, c) having tendered too late (but non-delivery does not amount to fundamental breach) and the buyer does not take delivery, d) having tendered properly and the buyer is willing to take delivery of the goods but unjustifiably refuses to pay the purchase price, e) having tendered and the buyer is willing to take delivery of the goods and to pay the purchase price, but declares that it does not feel bound to the sales distribution agreement concluded between the parties. Without sticking to the distribution agreement, the seller will be deprived of what it was entitled to expect under the contract and will no longer be interested in upholding the contract, f) having tendered and the buyer takes delivery of only part of the goods, because there is allegedly no larger storage room available. Q 85-5 In view of Q 85-4, in which situations alone will the seller not be bound to

If these requirements are met, the seller is bound to take such steps as are reasonable to preserve the goods. The measures that ought to be taken will depend on the circumstances of the individual case. Usually, the seller will have to store the goods and protect them against damage. Under certain circumstances, it will be obliged to resell them (Art. 88(2) CISG). Art. 85, sentence 1 CISG adopts a lower standard than that of Art. 79 CISG, in that the seller may refrain from taking steps, even if they are within its control, if such steps would cause unreasonable costs or are otherwise disproportionate. The duty to preserve the goods ends at the time at which the buyer takes delivery or declares the contract avoided, or where the seller undertakes a resale (Art. 88). The seller is entitled to withhold the goods until the buyer reimburses it for the costs of storage and preservation (Art. 85, sentence 2). Questions Q 85-1 a) What is the function of Arts 85 to 88 CISG? b) Which party do they address? c) Which general rule is reflected in Art. 85 CISG? Q 85-2 What are the consequences if the party who is bound to preserve the goods does not comply with its duty? Q 85-3 Who bears the preservation costs under Art. 85 CISG if the buyer’s refusal to take delivery is justified? Q 85-4 Does Art. 85 CISG apply in the following situations where the seller pre-serves the goods after a) having tendered conforming goods of which the buyer does not take delivery, b) having tendered goods that are evidently non-conforming (= funda-mental breach) of which the buyer does not take delivery, c) having tendered too late (but non-delivery does not amount to fundamental breach) and the buyer does not take delivery, d) having tendered properly and the buyer is willing to take delivery of the goods but unjustifiably refuses to pay the purchase price, e) having tendered and the buyer is willing to take delivery of the goods and to pay the purchase price, but declares that it does not feel bound to the sales distribution agreement concluded between the parties. Without sticking to the distribution agreement, the seller will be deprived of what it was entitled to expect under the contract and will no longer be interested in upholding the contract, f) having tendered and the buyer takes delivery of only part of the goods, because there is allegedly no larger storage room available. Q 85-5 In view of Q 85-4, in which situations alone will the seller not be bound to