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 Article #  

  (1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.

(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:

(a) are fit for the purposes for which the goods of the same description would ordinarily be used;

(b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement;

(c) possess the qualities of the goods which the seller has held out to the buyer as a sample or a model;

(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

(3) The seller is not liable under sub-paragraph (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.

# Cases
 1 Seller's obligation to deliver conforming goods
  1.1 According to contract
Country # Cases  
Arbitral Award 3  
Austria 2  
China 1  
Denmark 2  
Finland 2  
France 3  
Germany 7  
Italy 2  
Mexico 1  
Netherlands 3  
Russian Federation 1  
Spain 3  
Switzerland 4  
Date Court
30.11.1998 Handelsgericht Z├╝rich
22.12.2000 Schweizerisches Bundesgericht
13.01.2004 Schweizerisches Bundesgericht
07.07.2004 Schweizerisches Bundesgericht
USA 3  
Republic of Korea 1  
Czech Republic 1  
  1.2 According to Convention
   1.2.1 Fitness for ordinary use
   1.2.2 Fitness for particular purposes
  1.3 Conformity to sample or model
  1.4 Usual or adequate packaging
  1.5 Conformity to public or other law requirements in buyer's country
  1.6 Aliud pro alio
  1.7 Burden of proof
 2 Buyer's knowledge of lack of conformity
 3 Relation to domestic law
  3.1 Remedy based on mistake as to quality of goods
  3.2 Remedy based on innocent misrepresentation as to quality of goods
Total: 128

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