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 Article #  

  (1) The buyer may fix an additional period of time of reasonable length for performance by the seller of his obligations.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. However, the buyer is not deprived thereby of any right he may have to claim damages for delay in performance.


Issues       
# Cases
 1 Buyer fixing additional time for performance by seller
Country # Cases  
Arbitral Award 1  
Finland 1  
France 2  
Date Court
18.12.2003 Cour d'Appel de Lyon
26.10.2004 Cour d'Appel de Poitiers
Germany 5  
Spain 1  
USA 1  
11
  1.1 Scope of provision
1
  1.2 Reasonable length of additional time
5
  1.3 Consequence of fixing additional time
3
   1.3.1 During additional time, buyer not entitled to resort to remedy for additional time
1
    1.3.1.1 Notice of non-performance by seller
2
   1.3.2 Upon expiration of additional time
    1.3.2.1 Buyer entitled to claim damages for delay in performance
4
    1.3.2.2 In case of failure to deliver, buyer entitled to avoid (terminate) contract
6
Total: 24


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