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 Article #  

  (1) The buyer may require performance by the seller of his obligations unless the buyer has resorted to a remedy which is inconsistent with this requirement.

(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.

(3) If the goods do not conform with the contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.


Issues       
# Cases
 1 Buyer's right to require performance of seller's obligations
Country # Cases  
France 1  
Spain 1  
USA 1  
Date Court
07.12.1999 U.S. District Court of Illinois
3
  1.1 Buyer resorting to inconsistent remedy
1
 2 Request for performance in case of delivery of non-conforming goods
  2.1 Buyer's right to request substitute goods
1
   2.1.1 Lack of conformity amounting to fundamental breach
3
   2.1.2 Restitution of non-conforming goods in substantially unaltered state
   2.1.3 Time of request for substitute goods
  2.2 Buyer's right to request repair
3
   2.2.1 Reasonableness of request
   2.2.2 Time of request
1
   2.2.3 Duty to cooperate
  2.3 Unsuccessful repair
2
 3 Preservation of goods
  3.1 Obligation of buyer in possession of goods to preserve according to terms of Articles 86 & 88
Total: 12


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