Art. 3 CISG

(1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.

(2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services.

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Secretariat Commentary

The Secretariat Commentary on Art. 3 of the 1978 New York Draft, predecessor to Art. 3 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at pp. 16—17

CISG-AC Opinion regarding Art. 3 CISG

CISG-AC Opinion No. 4 ‘Contracts for the Sale of Goods to be Manufactured or Produced and Mixed Contracts (Article 3 CISG)’ (Rapporteur: Pilar Perales Viscasillas), adopted by the CISG Advisory Council at its 7th meeting in Madrid (Spain) on 24 October 2004

Overview of case law on Art. 3 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 3 CISG