SCOPE OF CISG - MIXED CONTRACT FOR SUPPLY OF GOODS AND SERVICES - CISG APPLICABLE WHEN SUPPLY OF LABOUR OR OTHER SERVICES NOT PREPONDERANT PART OF SELLER'S OBLIGATIONS (ART. 3(2) CISG)
BUYER’S RIGHT TO WITHHOLD PAYMENT OF PRICE IN CASE OF NON-CONFORMING PERFORMANCE BY SELLER - MATTER GOVERNED BUT NOT EXPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - RECOURSE TO GENERAL PRINCIPLE UNDERLYING CISG CONFIRMING RIGHT TO WITHOLD PERFORMANCE - PRINCIPLE OF SIMULTANEOUS EXCHANGE OF PERFORMANCES (ARTS. 71, 58, 86 CISG)
NOTICE OF LACK OF CONFORMITY (ART. 39 CISG) - WITHIN A REASONABLE TIME OF DISCOVERY AND, IN ANY EVENT, NOT LATER THAN TWO YEARS AFTER HANDING OVER OF GOODS TO THE BUYER |