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 Article #  

  (1) The buyer loses the right to rely on lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless the time limit is inconsistent with a contractual period of guarantee.

# Cases
 1 Buyer's obligation to give seller notice of lack of conformity of goods
  1.1 Requirements for notice
   1.1.1 Specification of nature of lack of conformity
  1.2 Time of notice
Country # Cases  
Arbitral Award 3  
Austria 3  
Belgium 2  
Canada 1  
France 5  
Germany 22  
Italy 3  
Mexico 1  
Netherlands 4  
Spain 1  
Switzerland 5  
Date Court
27.04.1992 Pretura di Locarno-Campagna
03.12.1997 Kantonsgericht Nidwalden
16.09.1998 Bezirksgericht Unterrheintal
30.11.1998 Handelsgericht Z├╝rich
18.08.2008 Obergericht des Kantons Appenzell Ausserrhoden
USA 1  
   1.2.1 Within reasonable time, but never more than two years, after buyer discovers or should have discovered lack of conformity
106 Contractual agreement for different period of guarantee
   1.2.2 Waiver of the defence that notice is not timely
 2 Failure to give timely notice
Total: 219

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