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英语翻译Iftheacceptancearriveslateeventhoughthewritingindicatesthatitwassentintimelyfashion,i.e.,thelatenesswasduetotransmissiondelaysbeyondthecontroloftheofferee,theacceptanceiseffectivenotwithstandingitslatear
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英语翻译
If the acceptance arrives late even though the writing indicates that it was sent in timely fashion,i.e.,the lateness was due to transmission delays beyond the control of the offeree,the acceptance is effective notwithstanding its late arrival unless the offeror,without delay,informs the offeree that the offeror considers the offer as having lapsed or dispatches a notice to that effect.[112] Unlike the situation described above where the offeree is at fault in sending a tardy delay,[113] CISG here deals with the situation where the offeree is diligent in sending an acceptance and,by virtue of the writing,the offeror knows or reasonably should know that the delay occurred through the fault of the intermediary rather than the offeree.The acceptance,therefore,is treated as effective to protect the offeree.The offeror,however,may have changed his position after the acceptance failed to reach him in a timely fashion.To protect the offeror,therefore,CISG permits him to orally inform the offeree that he considers his offer as having lapsed,or to dispatch a notice to that effect.[114] Again,the language appears to permit the offeror to achieve the effect he desires merely by dispatching such a notice,i.e.,the risk of transmission is on the offeree.
If the acceptance arrives late even though the writing indicates that it was sent in timely fashion,i.e.,the lateness was due to transmission delays beyond the control of the offeree,the acceptance is effective notwithstanding its late arrival unless the offeror,without delay,informs the offeree that the offeror considers the offer as having lapsed or dispatches a notice to that effect.[112] Unlike the situation described above where the offeree is at fault in sending a tardy delay,[113] CISG here deals with the situation where the offeree is diligent in sending an acceptance and,by virtue of the writing,the offeror knows or reasonably should know that the delay occurred through the fault of the intermediary rather than the offeree.The acceptance,therefore,is treated as effective to protect the offeree.The offeror,however,may have changed his position after the acceptance failed to reach him in a timely fashion.To protect the offeror,therefore,CISG permits him to orally inform the offeree that he considers his offer as having lapsed,or to dispatch a notice to that effect.[114] Again,the language appears to permit the offeror to achieve the effect he desires merely by dispatching such a notice,i.e.,the risk of transmission is on the offeree.
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如果由于文件传输原因导致接受报价的信息较晚才被买方收到,则该接受报价有效,除非卖方立即通知买方该接受报价已超期.112 与上文提到的故意拖延接受报价有所不同,113 CISG规定,如果是由于文件传送导致拖延的,出于保护...
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