翻译一下（贸易案例分析）

来源：百度知道 编辑：UC知道 时间：2024/06/01 06:12:48
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 good

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 quan