predominant view in both ULIS and CISG is that this sentence is only there for clariﬁca-tion purposes. In contrast to Art. 50 ULIS, the reference to trade usages has been omitted. Question Q 34-1 a) Do you think that trade usages could, however, still be relevant in the context of Art. 34 CISG? b) Why or why not? Time, place and form of handing over documents C 34-1 : Art. 34 CISG places an obligation on the seller to hand over the ‘documents relating to the goods’ at the time and place and in the form set out in the parties’ contract. Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry (Russia),

doi:10.4324/9780203945445-94

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predominant view in both ULIS and CISG is that this sentence is only there for clariﬁca-tion purposes. In contrast to Art. 50 ULIS, the reference to trade usages has been omitted. Question Q 34-1 a) Do you think that trade usages could, however, still be relevant in the context of Art. 34 CISG? b) Why or why not? Time, place and form of handing over documents C 34-1

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ABSTRACT

Sec. 14 SGA: Implied terms about quality or ﬁtness. (1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied condition or warranty about the quality or ﬁtness for any particular purpose of goods supplied under a contract of sale. (2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. (2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods – (a) ﬁtness for all the purposes for which goods of the kind in question are

commonly supplied, (b) appearance and ﬁnish, (c) freedom from minor defects, (d) safety, and (e) durability. (2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory – (a) which is speciﬁcally drawn to the buyer’s attention before the contract is

made, (b) where the buyer examines the goods before the contract is made, which that

examination ought to reveal, or (c) in the case of a contract for sale by sample, which would have been apparent

on a reasonable examination of the sample. (3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known – (a) to the seller, or

(b) where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably ﬁt for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgement of the seller or credit-broker.