Many companies active in international trade are wondering whether it is possible to exclude the UN Sales Convention.
This question can be answered to the effect that the UN Sales Convention can be excluded without further ado. According to studies carried out time and again, the parties even make use of the exclusion of the UN Convention on Contracts for the International Sale of Goods.
However, it is important to formulate precisely when excluding the UN Convention on Contracts for the International Sale of Goods. If this negative choice of law is not formulated precisely, the UN Sales Convention may apply after all.
Even if the international sales law is to be excluded by general terms and conditions of business, special features apply, in particular when a reference to the validity of the general terms and conditions must be made.
Should the UN Sales Convention be excluded?
Whether the UN Sales Convention should be excluded cannot be answered across the board, but always depends on the interests of the company. The UN Sales Convention contains both advantageous and disadvantageous provisions. For example, the compensation provisions are stricter, but the seller is protected against the buyer withdrawing from the contract prematurely and the goods having to be taken back.
If you need help clarifying whether the UN Sales Convention should be excluded, you are welcome to contact us at any time. The lawyers at O&W specialize in the field of the UN Convention on Contracts for the International Sale of Goods (CISG).