Article 58sk en

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Article 58
[slovenske znenie]

(1) If the buyer is not bound to pay the price at any other specific time, he must pay it when the seller places either the goods or documents controlling their disposition at the buyer's disposal in accordance with the contract and this Convention. The seller may make such payment a condition for handing over the goods or documents.

(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.

(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods, unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his having such an opportunity.

CASE LAW:

judgement OS DK from 21 November 2008, rec. no. 5Cb/10/2008

resolution NS SR from 20 October 2005, rec. no. 4Obo/219/2004 

 judgement NS SR from 27 June 2007, rec. no. 2 Obo/244/2006

 judgement OS DK from 1 April 2010, rec. no. 9Cb/211/2007

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 5: The buyer's right to avoid the contract in case of non-conforming goods or documents

LITERATURE:

see also annotated Article 58 in Pace Database

see also case law to article 58 in the UNCITRAL Digest of case law