Article 9sk en

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Article 9
[slovenske znenie]

(1) The parties are bound by any usage to which they have agreed and by any practices which they have established between themselves.

(2) The parties are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.

CASE LAW:

judgement KS ZA from 25 October 2007, rec. no. 15Cb/10/2004

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 3: Parol Evidence Rule, Plain Meaning Rule, Contractual Merger Clause and the CISG

CISG AC OPINION 5: The buyer's right to avoid the contract in case of non-conforming goods or documents

LITERATURE:

see also annotated Article 9 in Pace Database

see also case law to article 9  in the UNCITRAL Digest of case law