英语翻译(一)A seller and a buyer concluded in 1979 three contract

英语翻译
(一)
A seller and a buyer concluded in 1979 three contracts for the sale of goods.As agreed,the buyer paid,upon presentation of the shipping documents,90% of the price with the balance to be paid later.The goods of the second contract did not conform with the contract specifications.After treating the goods in order to make them more saleable,at considerable expense,the buyer sold the goods to third parties.The seller commenced arbitration proceedings claiming the balance of the purchase price (10%) remaining due under each of the contracts.The buyer counterclaimed alleging that the seller's claim should be set off against its direct losses,financial costs and lost profit and interest.
As the contract contained no choice of law clause,the court determined the applicable law in accordance with Art.13(3) ICC Rules,and found that the law of the country of the seller was the proper law governing the contract.According to Art.13(5) ICC Rules the court was required to take account of the relevant trade usages.The court found:'[that] there is no better source to determine the prevailing trade usages than the terms of the United Nations Convention on the International Sale of Goods of 11 April 1980,usually called the 'Vienna Convention'.This is so even though neither the [country of the Buyer] nor the [country of the Seller] are parties to that Convention.' The court held that CISG reflected the generally recognised trade usages regarding the matter of non conformity of the goods in international sales.
Referring to Art.38(1) CISG,the court found that the buyer had examined the goods within as short a time as practicable,in this case before shipment,and had given notice of the lack of conformity to the seller within a reasonable time (8 days after publication of the expert's report of the examination) (Art.39(1) CISG).Further the court held that the seller was not entitled to rely on the provisions of Arts.38 and 39 CISG as it knew or it could not have been unaware of the lack of conformity and did not disclose the lack of conformity to the buyer (Art.40 CISG).
The court awarded the seller the full amount claimed and set it off against part of the counterclaim of the buyer.

一)卖方与买方签订销售合同1979年3品. 约定,买方支付,出示船舶证件 90%的要付出的代价后的余额. 第二条货物与合同不符合约细则. 经过治疗,以使其更加货物实用,相当牺牲, 买方出售货物给第三方. 卖主声称仲裁程序展开余额货款(10%)因在其余各合约. 买方反诉,指称卖方索赔应抵减其直接损失 财务费用、利润和利息损失. 由于合同中没有选择法律条款,法院依照确定适用的法律艺术. 13(3)国际商会规则, 并发现了国家法律的正确规律卖方合同. 据艺术. 13(5)国际商会规则要求法院考虑到相关贸易惯例. 法院认定: '[]好消息并无确定当前贸易惯例计算,比联合国国际货物销售公约>1980年4月11日, 通常称为'维也纳公约>. 即使是这样既不〔国买主国〕也〔卖方〕该公约缔约方. '法院认为,销售反映出社会公认的贸易惯例有关事项不符合标准的产品,在国际销售. 谈到艺术. 38(1)条,法庭认为,买方检查货物在这么短的时间可行 在本案前中断, 并已通知不符卖方一段合理的时间(8天之后发表专家报告的审议)(第39(1)条). 法院还认为,卖方无权依靠条文艺术. 38和39条,因为它知道或不可能不知道的不符,没有透露给买方不符(第40条). 法庭判给卖方充分帐载金额以及对部分的反诉的买主.