Delivery Conformity
International trade regulations require that products delivered under a sales contract meet the precise specifications agreed upon by the parties. Article 35 of the cisg article 35 dictates that the linen must be fit for any particular purpose made known to the seller at the time of the agreement. It also mandates that the goods be contained or packaged in the manner usual for such goods to ensure their preservation.
Risk Application
Liability for non-conforming goods shifts to the seller if the delivered flax fiber does not match the moisture content or staple length defined in the purchase order. If the buyer specifies a linen fabric for garment use and the seller provides a grade only suitable for industrial bags, the seller has violated its duty. This provision creates a legal bridge between the technical laboratory report and the commercial invoice.
Rejection Protocol
Failure to meet the quality standards outlined in the contract allows the buyer to seek a price reduction or a full replacement of the shipment. Evidence of non-conformity is usually established through a third-party inspection report at the port of discharge. The mill must ensure that its internal quality control matches the requirements of the cisg article 35 to avoid costly legal disputes and return shipments.
Proper documentation of the fiber grade and the weaving density serves as the mill’s primary defense against claims of non-conformity.
