Article 64
(1) The seller may declare the contract avoided:
(a)
if the failure by the buyer to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract;
or
(b) if the buyer does not, within the additional period of time fixed by the
seller in accordance with paragraph (1) of article 63, perform his obligation to pay the price or take delivery of the goods, or if he declares that he will not do so within the period so fixed.
(2)
However, in cases where the buyer has paid the price, the seller loses the right to declare the contract avoided unless he does s0:
(a)
(b)
in respect of late performance by the buyer, before the seller has become aware that performance has been rendered; or
in respect of any breach other than late performance by the buyer, within a reasonable time:
(1) after the seller knew or ought to have known of the breach; or
(ii) after the expiration of any additional period of time fixed by the
seller in accordance with paragraph (1) of article 53, or after the buyer has declared that he will not perform his obligations within such an additional period.
Article 65
(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.
(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If, after receipt of such a communication, the buyer fails to do so within the time so fixed, the specification made by the seller is binding.
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