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The buyer, Henri Ramel, a French wine merchant, then sought to avoid the contract claiming the wine it received was not of fair merchantable quality.
According to the Article 35 of CISG, the seller, by supplying chaptalized wine, had not performed its obligation to supply goods in conformity with the contract. The wine ordered by the French merchant was obviously intended for sale as drinking wine, and thus, the goods delivered were “non-conforming.” Therefore, the buyer’s right to avoidance of the contract was supported. The buyer need not take delivery nor pay for the chaptalized wine...
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