Question Q 35-5 What would be the consequences of considering delivery of an aliud as non-delivery rather than as non-conforming delivery? Art. 35(2) CISG 35-4 : Art. 35(2) CISG provides standards relating to the goods’ quality, function and packaging that are deemed to apply when the parties have not otherwise agreed. Art. 35(2)(a) CISG requires the seller to deliver goods ‘ﬁt for the purposes for which goods of the same description would ordinarily be used’.

doi:10.4324/9780203945445-98

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Question Q 35-5 What would be the consequences of considering delivery of an aliud as non-delivery rather than as non-conforming delivery? Art. 35(2) CISG 35-4

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ABSTRACT

Art. 35(2) CISG provides standards relating to the goods’ quality, function and packaging that are deemed to apply when the parties have not otherwise agreed.

1. Art. 35(2)(a) CISG Art. 35(2)(a) CISG requires the seller to deliver goods ‘ﬁt for the purposes for which goods of the same description would ordinarily be used’.