Concept of Conformity of Goods in International Sales Uniform Rules

Abstract

The legal effect of the sales contract is that it creates certain rights and obligations for the contracting parties. One of the basic obligations of the seller is to deliver the goods to the customer. The buyer is obliged to receive this delivery. The seller is obliged to deliver the goods to the buyer not only at the time and place stipulated in the contract, but also that the delivered goods have no material or legal defects. In other words, the goods must be fully compliant with the contract. Otherwise, the seller has not properly fulfilled his delivery obligation. However, it is necessary to distinguish between improper delivery and delivery of improper goods. Improper delivery refers to the manner in which the seller fulfilled the obligation of delivery in terms of place, time and manner. If, while fulfilling this obligation, he violated any of the above-mentioned elements, for example, if he delivered the goods to another place, at another time, or in another way, by loading them on a truck and not on a railway wagon, he violated the obligation to deliver. The goods are "delivered," but such delivery is considered improper delivery. The non-conformity is not manifested or seen on the goods themselves, but concerns other actions related to the contracted goods, which in the legal sense represent the obligations of the seller. Even when during delivery the seller violated the place, time or method, the goods thus delivered can have all the agreed properties both in terms of quantity and quality. The goods may arrive with a delay, in another place and in a truck, not by train, but even so, the customer can receive exactly the goods he agreed on. On the other hand, although a violation of the place, time and method of delivery of goods does not necessarily lead to the delivery of non-conforming goods, often the causes of non-conforming goods can be found precisely in them. But on the other hand, it may happen that the seller fully complied with all three elements of delivery during delivery, and that later due to some other reasons, the goods arrived to the buyer with defects, i.e. inappropriate. For these reasons, it is necessary to distinguish between the legal concepts of inappropriate delivery and delivery of inappropriate goods.