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坚持此
However, a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on that conduct.
但是,一方当事人的行为,如经另一方当事人寄以信赖,就不得坚持此项规定
The Court therefore held that the conditions of the documentary credit had been changed, since that was what was implied by the use of the phrase may do in the e-mail and the provision of CISG article 29 that a party may be precluded by his conduct from asserting such a provision to the extent that the other party has relied on was what had happened in this case, when, on 26 February 2008, the buyer had obtained an irrevocable and unconditional guarantee from a bank in Switzerland in favour of the seller in order to pay the first instalment of a sum not exceeding US$ 930,000.
A party may by its statements or conduct be precluded from asserting such a clause to the extent that the other party has reasonably relied on them.
如果一方当事人的陈述或者行为已被对方当事人合理地信赖了,则该方当事人不得主张适用前款规定。
Another court has distinguished between waiver of a seller's article 39 rights and estoppel from asserting such rights: it concluded that the seller had not waived its right to object to late notice because the intention of parties to waive rights had to be very clearly established, and the mere fact that the seller did not immediately reject the notice as late at the time it was given was not sufficient evidence of waiver; on the other hand, by remaining in communication with the buyer in order to keep informed of the buyer's customer's complaints, and by making statements to the buyer indicating that the seller would not raise the defence of late notice, the seller became estopped from invoking that defence when the buyer relied on the impression that the seller would not complain of untimely notice.
Left unchallenged and unaddressed, statements asserting such support and other pseudo-justifications will leave the resolution open to mischievous and self-serving misrepresentations and misinterpretations, undermining its intent.
After the goods have been delivered, the seller may waive its right to object to the propriety of the buyer's examination of the goods,18 or it may be stopped from asserting such right. On the other side, it has been asserted that a buyer may lose its rights to object to a lack of conformity if the buyer takes actions indicating acceptance of the goods without complaining of defects that it had discovered or should have discovered in its examination.
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