Basic Contract and Sales Law

If the buyer does not pay in time, the seller may require him to pay the price, see article 62, below. The buyer’s obligation to pay the price follows from the contract and for the seller to cash it in is not really a remedy for breach of the contract. When the buyer’s payment is due, but still unpaid, the seller will have to undertake efforts to enforce payment. This often represents a lot of inconvenience for the seller, including trying to get access to the legal system in the home state of the buyer. If the buyer eventually is found to be completely without funds, the process may in addition prove costly for the seller.

The question will often be if the payment from the buyer has reached the seller, see this discussion on an eBay web site:

http://answercenter.ebay.com/thread.jspa?threadID=900147791&tstart=3&mod=1218000609828

for instance this comment:

How do you know the item wasn't shipped? It's only been what, 7-8 business days since EOA? How long do you think it took for your MO to reach the seller? Then allow time for him to ship? And transit time to reach you?


Here are the most relevant articles from the CISG:

Article 59
The buyer must pay the price on the date fixed by or determinable from the contract and this Convention without the need for any request or compliance with any formality on the part of the seller.

Article 62
The seller may require the buyer to pay the price, take delivery or perform his other obligations, unless the seller has resorted to a remedy which is inconsistent with this requirement.