International Sale of Damaged Goods and Conflict Settlement
The buyer should contact the seller to replace or repair the damaged goods. According to Article 79 of CISG, the seller under international sale of goods is obligated to replace the goods when an accident damages them. For instance, when the goods are damaged in transit, the seller has not released the risk associated with the goods. If an accident occurs and the goods are damaged, the seller has a duty to replace the goods in principle because he has not fulfilled the contract. Article 31-32 of CISG argues that the seller can only be discharged from obligation when he performs his duties.
This means that the buyer should do everything possible to fulfill the contract, including delivering goods that meet the client’s standards. Thus, the buyer should request the seller to replace the goods or repair them since delivering damaged goods is a breach of contract. Under Article 36 of CISG, a seller has an obligation to replace all the damaged goods unless the buyer accepts the goods in their current state. Moreover, the seller is also liable for damages even when the buyer discovers the damages later.
The buyer should return the goods to the seller. When the buyer receives the goods, they should contact the seller in order for the goods to be returned immediately. This will help the customer to save time and money that would have been used to store and return them later. The buyer should also send to the seller photos of the damaged goods to establish the degree of damage. However, if the buyer discovers the damaged goods later, he/she should contact the seller to replace the items. In this case, a reasonable time will be critical when determining whether the goods can be refunded to the seller.
When the seller in Russia accepts the goods to be returned in exchange for reimbursing the cost, the buyer should get confirmation from the seller that the goods will be insured against any further damages. However, if this is not the case, the seller should confirm their willingness to cover the cost incurred by the buyer when returning the goods.
Article 66 of CISG notes that a buyer does not take responsibility for damages caused by an act of omission by the seller. Article 67 argues that a seller must assume the responsibility to replace the goods delivered if he delivers damaged goods to the seller. In fact, when an act or omission causes damages, the seller is not released the obligation to pay the purchase price by replacing the goods. Therefore, the buyer should contact the seller in order to let him know he has rejected the goods. Under Article 36(2), the seller is liable for damages caused by the delivery of goods that lack conformity, which occurs after the seller has accepted the goods.
The Russian manufacturer cannot be released from liability to repay the purchase price and any other cost incurred by the buyer to deliver the goods to his premises when there is a breach of contract. The delivery of damaged goods constitutes a breach of the contract. Thus, the seller cannot be discharged from responsibility to replace the items. If the buyer had not paid the seller, he should ask the seller to replace the items first. The best way to resolve the issue is for the buyer to reject the goods, which would declare the contract void under Article 49 of CISG. Therefore, the risk of substituting the goods would bounce back to the seller. However, the buyer must be able to indicate clearly that there was a breach of contract.