Seller’s Obligations II—Conformity of the Goods

Abstract This chapter examines the seller’s obligation to deliver conforming goods under the CISG. It contrasts the CISG’s approach with domestic legal systems, emphasizing its broad concept of conformity, covering quantity, quality, description, packaging, and freedom from third-party rights. The chapter analyses subjective and objective criteria for conformity (Article 35 CISG), including fitness for ordinary and particular purposes, sale by sample or model, and sustainable standards. It discusses the time of conformity (Article 36 CISG), the burden and standard of proof, and the buyer’s duties to examine and notify defects (Articles 38–39 CISG). The chapter also explores the two-year cut-off for notice, consequences of failing to notify, and exceptions. Finally, it addresses defects in title and intellectual property (Articles 41–42 CISG), highlighting the seller’s liability for third-party claims, the territorial scope of intellectual property rights, and defences based on the buyer’s knowledge or specifications.