during which the impediment exists.
(4) the party who fails to perform must give notice to the other party of the impediment and its effect on his ability to perform. if the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, he is liable for damages resulting from such non-receipt.
(5) nothing in this article prevents either party from exercising any right other than to claim damages under this convention.
article 80
a party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first partys act or omission.
section v. effects of avoidance
article 81
(1) avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due. avoidance does not affect any provision of the contract for the settlement of disputes or any other provision of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract.
(2) a party who has performed the contract either wholly or in part may claim restitution from the other party of whatever the first party has supplied or paid under the contract. if both parties are bound to make restitution, they must do so concurrently.
article 82
(1) the buyer loses the right to declare the contract avoided or to require the seller to deliver substitute goods if it is impossible for him to make restitution of the goods substantially in the condition in which he received them.
(2) the preceding paragraph does not apply:
(a) if the impossibility of making restitution of the goods or of making restitution of the goods substantially in the condition in which the buyer received them is not due to his act or omission;
(b) if the goods or part of the goods have perished or deteriorated as a result of the examination provided for in article 38; or
(c) if the goods or part of the goods have been sold in the normal course of business or have been consumed or transformed by the buyer in the course of normal use before he discovered or ought to have discovered the lack of conformity.
article 83
a buyer who has lost the right to declare the contract avoided or to require the seller to deliver substitute goods in accordance with article 82 retains all other
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