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Convention applies to contracts of sale

of goods between parties whose places


of business are in different States, (a)
when States are Contracting States; or
(b) when the rules of private
international law lead to the application
of the law of a Contracting State

Do the rules of private


international law lead to the
application fo the law of a
Contracting State?

NO.

The Convention
doesn't apply.

Are states Contracting States?

YES.

YES.

Does the contract deals


with sales of (a) goods
bought for personal,
family or household use?

NO.

YES.

The Convention
doesn't apply.

YES.

YES.

Does the contract deals with


sales (b) by auction, (c) on
execution or otherwise by
authority of law; (d) of
stocks, shares, investment
securities, negotiable
instruments or money; (e) of
ships, vessels, hovercraft or
aircraft; (f) of electricity?

Did the seller, at any


time before or at the
conclusion of the
contract, neither kew
or ought to have
known that the goods
were bought for any
such use?

NO.
NO.

YES.

The Convention
doesn't apply.

NO.

YES.

Is the supply of labour


and services
preponderant part of
the obligations in the
contract?

NO.

Is the governing of the Convention expressly extended to


(a) the validity of the contract or of any of its provisions
or of any usage; (b) the effect which the contract may
have on the property in the goods sold?

YES.

The Convention, in that


case, is concerned with
those points as well.

NO.

The Convention, in that


case, is not concerned with
those points.

The Convention does not apply to the


liability of the seller for death or personal
injury caused by the goods to any person.

The parties may exclude the application of this


Convention or, subject to article 12, derogate
from or vary the effect of any of its provisions.

In the interpretation of this Convention, regard is to be had to its


international character and to the need to promote uniformity in its
application and the observance of good faith in international trade.

Are there questions concerning the


Convention that aren't expressly settled?

YES.

NO.

Is there an abscence of the general principles


on which the Convention is based?
YES.

NO.

Those questions are to


be settled in conformity
with the law applicable
by virtue of the rules of
private international
law.

Those questions are to


be settled in conformity
with the general
principles.

Did a party knew or could not have been


unaware of the intent of the other party?

YES.

The statements made by and other


conduct of the other party are to be
interpreted according to his intent.

NO.

The statements made by and other


conduct of the other party are to be
interpreted accroding to the
understanding that a reasonable person
of the same kind as the party would have
had in the same circumstances.

The parties are bound by any usage to which


they have agreed and by any practices which
they have established between themselves.
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.

Does a party have a place of business?

YES.

Does a party have more than one


place of bussines?

In that case, the place of business


is that which has the closest
relationship to the contract and
its performance, having regard to
the circumstances known to or
contemplated by the parties at
any time before or at the
conclusion of the contract.

NO.

In that case, the reference is to be


made to his habitual residence.

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