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 Article #  

  (1) If the seller delivers only a part of the goods or if only a part of the goods delivered is in conformity with the contract, articles 46 to 50 apply in respect of the part which is missing or which does not conform.

(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of contract.


Issues       
# Cases
 1 Incomplete or partially conforming delivery
2
  1.1 Application of Arts. 46-50 to missing or non-conforming part of delivery
10
  1.2 Avoidance (termination) of contract in entirety
Country # Cases  
Austria 2  
China 1  
Date Court
25.12.2008 Shanghai First Intermediate People's Court
Germany 1  
Republic of Korea 1  
5
Total: 15


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