Article 30 CISG
Article 30 CISG outlines the main obligations of the seller. It emphasises that it is the contract that is decisive for determining the scope of these obligations.
II. The Seller’s Obligations in Detail
A. ‘Delivery’ of the Goods
Delivery comprises solely the obligation of giving the buyer the means of taking possession of the goods. The actual completion of performance, whereby the buyer takes over possession of the goods and the property in them, is not part of the notion of ‘delivery’.
What the delivery obligation actually comprises is often clarified by the use of the ICC Rules for the Use of Domestic and International Trade Terms (INCOTERMS®).
Cl A4 EXW INCOTERMS® (2010):
Delivery. The seller must deliver the goods by placing them at the disposal of the buyer at the agreed point, if any, at the named place of delivery, not loaded on any collecting vehicle. If no specific point has been agreed within the named place of delivery, and if there are several points available, the seller may select the point that best suits its purpose. The seller must deliver the goods on the agreed dated or within the agreed period.
Cl A4 FOB INCOTERMS® (2010):
Delivery. The seller must deliver the goods either by placing them on board the vessel nominated by the buyer at the loading point, if any, indicated by the buyer at the named port of shipment or by procuring the goods so delivered. In either case, the seller must deliver the goods on the agreed date or within the agreed period and in the manner customary at the port.
Cl A4 DAT INCOTERMS® (2010):
Delivery. The seller must unload the goods from the arriving means of transport and must then deliver them by placing them at the disposal of the buyer at the named terminal referred to in A3 a [for contract of carriage] at the port or place of destination on the agreed date or within the agreed period.
Compare and contrast the three delivery obligations under INCOTERMS® above. What is the significance of ‘delivery’ in each context for the obligations of the seller?
B. ‘Handing over’ Documents
Article 30 CISG not only obliges the seller to deliver, but also to hand over all documents relating to the goods. Again, to the extent that INCOTERMS® are incorporated into the contract between the parties, they provide more detail as to the content of this obligation.
Cl A3 CIF INCOTERMS® (2010):