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Date: 23.06.1995 Country: Germany Number: Court: Amtsgericht München Parties: Unknown Citation: http://www.unilex.info/case.cfm?id=147

LACK OF CONFORMITY - SELLER'S OFFER TO REMEDY DEFECTS (ART. 48 CISG) - UNREASONABLE DELAY BY SELLER - CURE OF NON-CONFORMITY AT BUYER'S EXPENSE - BUYER'S RIGHT TO CLAIM COSTS OF REPAIR AS DAMAGES (ART. 74 CISG) FAILURE TO PERFORM CAUSED BY THE DAMAGED PARTY (ART. 80 CISG) - EXCLUSION DAMAGES - DUTY TO MITIGATE (ART. 77 CISG) SET OFF - MATTER EXCLUDED FROM SCOPE OF CISG (ART. 4 CISG) - DOMESTIC LAW APPLICABLE