Article 35144 Cases (1) 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.

(2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they:

(a) are fit for the purposes for which the goods of the same description would ordinarily be used;

(b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller"s skill and judgement;

(c) possess the qualities of the goods which the seller has held out to the buyer as a sample or a model;

(d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.

(3) The seller is not liable under sub-paragraph (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity.

Number

Issue

# Cases

Seller's obligation to deliver conforming goods

1.1

According to contract

1.2

According to Convention

1.2.1

Fitness for ordinary use

1.2.2

Fitness for particular purposes

Country	Date	Court
Australia	17-01-2003	Supreme Court of Western Australia
Australia	06-08-2010	Supreme Court of Victoria
Cases: 2
Canada	21-08-2003	British Columbia Supreme Court
Cases: 1
France	26-04-1995	Cour d'Appel de Grenoble, Chambre Commerciale
France	18-12-2003	Cour d'Appel de Lyon
Cases: 2
Germany	22-08-2002	Oberlandesgericht Schleswig
Cases: 1
Italy	13-12-2001	Tribunale di Busto Arsizio
Italy	17-06-2019	Tribunale di Trieste
Cases: 2
New Zealand	30-07-2010	High Court of New Zealand
New Zealand	22-07-2011	Court of Appeal of New Zealand
Cases: 2
Spain	04-02-1997	Audiencia Provincial de Barcelona
Spain	28-04-2004	Audiencia Provincial de Barcelona
Spain	03-07-2007	Audiencia Provincial de Barcelona
Cases: 3
Switzerland	13-01-2004	Schweizerisches Bundesgericht
Cases: 1
USA	21-06-2002	U.S. Court of Appeals, Fourth Circuit
USA	23-08-2006	U.S. District Court, Southern District of New York
Cases: 2

1.3

Conformity to sample or model

1.4

Usual or adequate packaging

1.5

Conformity to public or other law requirements in buyer's country

Buyer's knowledge of lack of conformity

Relation to domestic law

3.1

Remedy based on mistake as to quality of goods

3.2

Remedy based on innocent misrepresentation as to quality of goods

Selected Cases by Article & Issues