Law · International Commercial Law
Diva delivered 30 industrial machines to Eva. The contract, governed by the CISG, explicitly stated a quantity of 25 machines. Eva discovers the excess upon delivery. Which of the following best describes Eva's legal position and obligations?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1Eva may retain the extra five machines free of charge as a statutory penalty against Diva for non-conformance.
- 2Eva may reject the entire delivery of 30 machines because it does not strictly conform to the exact quantity.
- 3Eva may refuse to take delivery of the excess quantity, but if she takes delivery of all or part of it, she must pay for it at the contract rate.✓
- 4Eva must accept the entire consignment and pay for the extra five machines at the contract price.
Correct answer
Eva may refuse to take delivery of the excess quantity, but if she takes delivery of all or part of it, she must pay for it at the contract rate.
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