Art. 45 CISG

(1) 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;

(b) claim damages as provided in articles 74 to 77.

(2) The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

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Secretariat Commentary

The Secretariat Commentary on Art. 41 of the 1978 New York Draft, predecessor to Art. 45 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. 37—38

Overview of case law on Art. 45 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. 45 CISG