The place to access your Free Legal Rights Information

Sale of Goods (Vienna Convention) Act 1986 – 6 July 1994

Download PDF

Sale of Goods (Vienna Convention) Act 1986 – 6 July 1994

Quick to view summary

The provisions of the United Nations Convention on Contracts for the International Sale of Goods have the force of law in Queensland. For a copy of the Convention, refer to the Schedule of this Act.

  • Sections 3, 5, 6, Schedule

This Convention applies to contracts of sale of goods between parties whose places of business are in different Contracting States. For ‘goods’ excluded from this convention, refer to Article 2 of the Convention.

  • Section 3, Schedule (Articles 1, 2, 3, 4, 5, 6)

A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses.

  • Section 3, Schedule (Articles 11, 13)

A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer. However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect.

  • Section 3, Schedule (Articles 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24)

A contract may be modified or terminated by the mere agreement of the parties.

  • Section 3, Schedule (Article 29)

If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer’s request, provide him with all available information necessary to enable him to effect such insurance.

  • Section 3, Schedule (Article 32)

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.

  • Section 3, Schedule (Articles 35, 36, 39, 40, 44)

The seller must deliver goods which are free from any right or claim of a third party, unless the buyer agreed to take the goods subject to that right or claim.

  • Section 3, Schedule (Articles 41, 42, 43, 44)

If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may: (a) exercise the rights provided in articles 46 to 52; and/or (b) claim damages as provided in articles 74 to 77.

  • Section 3, Schedule (Articles 25, 26, 28, 45, 46, 47, 48, 49, 50, 51, 52, 74, 75, 76, 77, 78, 81, 82, 83, 84)

The buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention.

  • Section 3, Schedule (Articles 53, 54, 55, 56, 59, 66)

If the buyer is not bound to pay the price at any other specific time, he must pay it when the seller places either the goods or documents controlling their disposition at the buyer’s disposal in accordance with the contract and this Convention. Note: The seller may make such payment a condition for handing over the goods or documents.

  • Section 3, Schedule (Article 58)

If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may: (a) exercise the rights provided in articles 62 to 65; and/or (b) claim damages as provided in articles 74 to 77.

  • Section 3, Schedule (Articles 25, 26, 28, 61, 62, 63, 64, 65, 74, 75, 76, 77, 78, 81)
Reason for law

To give effect within Queensland to the United Nations Convention on Contracts for the International Sale of Goods. (Long title of Act)

Relevant links

N/A

Suggested links

Model contracts [International Chamber of Commerce]

Critique

Section 2 contains the phrase ‘Her Majesty’. This phrase may be replaced with a modern alternative.

Sections 3 and 4 contain the term ‘Crown’. This term may be replaced with a modern alternative.

The Convention uses the pronoun ‘he’. In the interests of equality, ‘she’ could be inserted.

Advertising

APL-advertising-300

× Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.

The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/internetarchivebookimages/16487222049/

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird