Art. 64(1)(a) CISG Art. 64(1)(b) CISG 64-1 : According to Art. 64(1) CISG, the seller may avoid the contract for two reasons: ﬁrstly, if the buyer has committed a fundamental breach of contract within the meaning of Art. 25 CISG (lit. a), and secondly, if the buyer does not pay the purchase price within an additional period of time ﬁxed by the seller or does not take over the goods within that period (lit. b). For the latter cases, see also sub Article 63 CISG.

doi:10.4324/9780203945445-166

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Art. 64(1)(a) CISG Art. 64(1)(b) CISG 64-1

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ABSTRACT

Seller agreed to supply thermoforming lining equipment for the manufacture of plastic gardening pots buyer. The buyer began to experience complications with the equipment and alleged that it failed to conform to seller’s speciﬁcations and industry standards. After the buyer unilaterally suspended payment for the goods, the seller began to compete in the market for distribution of plastic gardening pots, which constituted an alleged violation of the non-competition agreement. In the motion before the Court, buyer sought to restrain the seller from selling pots in the North American market pending the outcome of the case.