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 Article #  

  If the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered bears to the value that conforming goods would have had at that time. However, if the seller remedies any failure to perform his obligations in accordance with article 37 or article 48 or if the buyer refuses to accept performance by the seller in accordance with those articles, the buyer may not reduce the price.


Issues       
# Cases
 1 Buyer's right to reduce price
Country # Cases  
Arbitral Award 3  
Date Court
00.06.1996 ICC Court of Arbitration
31.07.1996 CIETAC China International Economic and Trade Arbitration Commission
24.01.2000 Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce
Austria 2  
Belgium 1  
Denmark 1  
Germany 3  
Italy 1  
Netherlands 1  
Russian Federation 2  
Switzerland 2  
Belarus 1  
Slovakia 1  
18
  1.1 Declaration of reduction
4
  1.2 Calculation of reduction
8
 2 Reduction of price not available
3
  2.1 In case of late delivery
2
  2.2 Non-performance remedied by seller according to Arts. 37 or 48, or buyer's refusal to accept seller's performance
3
 3 Reduction of price and claim for damages
2
  3.1 Right to claim damages not impaired
2
Total: 37


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