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Date: 15.09.1994 Country: Germany Number: 52 S 247/94 Court: Landgericht Berlin Parties: Unknown

CONFORMITY OF GOODS - GOODS FIT FOR ORDINARY USE (ART. 35(2)(A) CISG) - AVERAGE QUALITY PARTIAL AVOIDANCE (ART. 51(1) CISG) - NOTICE OF AVOIDANCE - FORM (ART. 26 CISG) - OFFER TO RESTITUTE THE GOODS EQUIVALENT TO A DECLARATION OF AVOIDANCE ATTEMPT BY BUYER TO RESELL THE DEFECTIVE GOODS AFTER DECLARATION OF AVOIDANCE - NOT A WAIVER OF RIGHT TO RELY ON LACK OF CONFORMITY PERFORMANCE - BUYER'S RIGHT TO SUSPEND PERFORMANCE (ART. 71(1)(B) CISG)