英语翻译
英语翻译
案例：卖方与买方的合同内容是1000个货物,但是当买方检查货物时其中有80个货物于合同内容不一致,买方想对920个货物付款,但由于与其他交易对数量的要求,于是将那80个一同收下了.
分析：卖方交纳的部分货物与合同产生了不一致根据CISG Article 35中
The seller must deliver goods which are of the quantity,quality and description required by the contract and which are contained or packaged in the manner required by the contract.
以及Article 36中The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer,even though the lack of conformity becomes apparent only after that time.
的内容可以看出,卖方应负相应的责任.
但是由于与其他交易有数量要求,买方接受了所有的货物.根据Article 39
(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.
(2) In any event,the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer,unless this time-limit is inconsistent with a contractual period of guarantee.的内容,可以看出买方收下了全部货物,即表明买方默认货物为合格.所以,我认为买方如果没在期限内通知卖方货物不符合同情形的话,卖方就没有违反合约.
请把中文部分翻译一下。
Case:The seller and the buyer contract content is 1,000 cargos,butwhen buyer inspection cargo has 80 cargos not to be inconsistent tothe contract content,the buyer wants to 920 cargos payments,but as aresult of with other transactions to quantity request,thereuponaccepted together that 80.
Analysis:The seller pays the partial cargos produced with thecontract have not identically acted according to CISG Article in 35
The seller must deliver goods which are of the quantity,quality and description required by the contract and which arecontained or packaged in the manner required by the contract.
As well as Article 36 center The seller is liable in accordancewith the contract and this Convention for any lack of conformity whichexists at the time when the risk passes to the buyer,even though thelack of conformity becomes apparent only after that time.
The content may see,the seller should take the correspondingresponsibility.
But because has the quantitative requirement with other transactions,the buyer has accepted all cargos.According to Article 39
(1) The buyer loses the right to rely on a lack of conformityof the goods if he does not give notice to the seller specifying thenature of the lack of conformity within a reasonable time after he hasdiscovered it or ought to have discovered it.
(2) In any event,the buyer loses the right to rely on a lackof conformity of the goods if he does not give the seller noticethereof at the latest within a period of two years from the date onwhich the goods were actually handed over to the buyer,unless thistime-limit is inconsistent with a contractual period of guarantee.Thecontent,was allowed to see the buyer to accept the complete cargo,namely indicated the buyer tacitly approved the cargo for to bequalified.Therefore,I thought the buyer if has not informed theseller cargo in the deadline not to conform to same situation,theseller on has not violated the contract.