文档介绍：2017-2-15 赵秀丽国际货物买卖中的法律风险 1货物要合格 (1) quantity, quality, description , Packaged in a manner required by the K (2) Except where the parties have agreed otherwise , the goods do not conform with the contract unless they: (a) are fit for the ordinary purposes (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement; (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model ; (d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods. (3) The seller is not liable under subparagraphs (a) or (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity. 2 卖方交付合格货物义务? 符合合同(数量、质量和规格,包装)。? 符合公约? 买方订立合同时知道、不可能不知道、双方约定卖方免责 3合格的意思? according to contract, including all relevant circum, eg the p practices, conduct and trade usages 风险: Eg shellfish containing a high level of cadmium, K did not specify. ? (a) quality standards prevailing in the buyer's jurisdiction: the same standards existed in the seller's jurisdiction, or if pointed out and relied on the seller's expertise. 4符合公约:当事人意志的法律表达 a)适于通常使用目的; b)适用明示或默示卖方知道的特定目的,& 买方合理依赖卖方的技能和判断力 c)与货物样品或样式相同; d)按通用方式包装,按足以保全和保护货物的方式包装。. 5货物相符的时间 风险移转时, ?不符存在的时间以风险移转时为准?即使不符在之后方始明显特别是不符存在先于风险移转先于不符显明(潜在的不符) 风险移转后, ?卖方违反某义务所致?卖方违反某保证所致, 包括违反关于在一段时间内适用通常目的或特定目的,或保持特定质量或性质 6 ? refrigeration unit broke down shortly after it was delivered, the defect was presumed to have existed when the goods were shipped, and the seller bore the burden of proving it was not res