Q 56-1
(a) What is the purpose of Article 56 CISG?
(b) Why is the net weight understood to be total weight less the weight of packaging?
(a) To provide a rule of interpretation for determining the contract price if the price is fixed according to weight without further specifications.
(b) Because “net weight” in commercial usage denotes only the goods’ mass, excluding containers, pallets, and dunnage. Article 56 reflects this ordinary trade understanding so the buyer is not charged for packaging unless the parties agree or relevant usages provide otherwise. Furthermore, the type of packaging, and therefore its weight, can vary.
Q 56-2
To what extent is the rule stated in Article 56 CISG subsidiary?
The parties are free to agree specifically on how the price is to be calculated in such circumstances, or to apply their own or commercial usages.
Q 56-3
Compare Article 56 CISG to the other legal provisions set out above.
(a) Does Article 56 CISG reflect a rule generally acknowledged in commercial trade?
(b) What is the reason underlying Article 56 CISG?
(a) Yes, it would appear to reflect a generally acknowledged rule.
(b) To provide clarity in accordance with the circumstances if precise rules have not been agreed upon in this regard.
