效时订立。 ??Article 24
??For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention \by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence (习惯住所地) . ( 为公约本部分的目的,发价、接受声明或任何其它意旨表示 \送达 \对方,系指用口头通知对方或通过任何其它方法送交对方本人,或其营业地或通讯地址,如无营业地或通讯地址,则送交对方惯常居住地。 ??PART III ??Sale of Goods ??Chapter I
??General Provisions ??Article 25
??A breach (违背) of contract committed by one of the parties is fundamental if it results in such detriment (损害) to the other party as substantially (充分地) to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. ( 一方当事
人违反合同的结果,如使另一方当事人蒙受损害,以致于实际上剥夺了他根据合同规定有权期待得到的东西,即为根本违反合同,除非违反合同一方并不预知而且一个同等资格、通情达理的人处于相同情况中也没有理由预知会发生这种结果。 ??Article 26
??A declaration of avoidance of the contract is effective only if made by notice to the other party. ( 宣告合同无效的声明,必须向另一方当事人发出通知,方始有效 ??Article 27
??Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other communication is given or made by a party in accordance with this Part and by means appropriate in the circumstances, a delay or error in the transmission of the communication or its failure to arrive does not deprive that party of the right to rely on the communication. ( 除非公约本部分另有明文规定,当事人按照本部分的规定,以适合情况的方法发出任何通知、要求或其它通知后,这种通知如在传递上发生耽搁或错误,或者未能到达,并不使该当事人丧失依靠该项通知的权利。 ??Article 28
??If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific
performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention. ( 如果按照本公约的规定,一方当事人有权要求另一方当事人履行某一义务,法院没有义务做出判决,要求具体履行此一义务,除非法院依照其本身的法律对不属本公约范围的类似销售合同愿意这样做。 ??Article 29
??(1) A contract may be modified or terminated (终止) by the mere agreement of the parties. ( 合同只需双方当事人协议,就可更改或终止。
??(2) A contract in writing which contains a provision requiring any modification or termination by agreement to be in writing may not be otherwise modified or terminated by agreement. However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct. ( 规定任何更改或根据协议终止必须以书面做出的书面合同,不得以任何其它方式更改或根据协议终止。但是,一方当事人的行为,如经另一方当事人寄以信赖,就不得坚持此项规定。 ??Chapter II
??Obligations of the Seller ??Article 30
??The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required
by the contract and this Convention. ( 卖方必须按照合同和本公约的规定,交付货物,移交一切与货物有关的单据并转移货物所有权。 ??Section I. Delivery of the goods and handing over of documents ??Article 31
??If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver consists: ( 如果卖方没有义务要在任何其它特定地点交付货物,他的交货义务如下: ??(a) if the contract of sale involves carriage of the goods - in handing the goods over to the first carrier for transmission to the buyer; ( 如果销售合同涉及到货物的运输,卖方应把货物移交给第一承运人,以运交给买方;
?? (b) if, in cases not within the preceding subparagraph, the contract related to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced, and at the time of the conclusion (缔结) of the contract the parties knew that the goods were at, or were to be manufactured or produced at, a particular place - in placing the goods at the buyer’s disposal at that place; ( 在不属于上款规定的情况下,如果合同指的是特定货物或从特定存货中提取的或尚待制造或生产的未经特定化的货物,而双方当事人在订立合同时已知道这些货物是在某一特定地点,或将在某一特定地点制造或生产,卖方应在该地点把货物交给买方处置;
??(c) in other cases - in placing the goods at the buyer’s disposal at the place where the seller had his place of business at the time of the conclusion of the contract. 在其它情况下,卖方应在他于订立合同时的营业地把货物交给买方处置。 ??Article 32
??(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods. 如果卖方按照合同或本公约的规定将货物交付给承运人,但货物没有以货物上加标记、或以装运单据或其它方式清楚地注明有关合同,卖方必须向买方发出列明货物的发货通知。
??(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation. 如果卖方有义务安排货物的运输,他必须订立必要的合同,以按照通常运输条件,用适合情况的运输工具,把货物运到指定地点。
??(3) 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