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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.


Issues       
# Cases
 1 Buyer's obligation to give seller notice of lack of conformity of goods
33
  1.1 Requirements for notice
20
   1.1.1 Specification of nature of lack of conformity
33
  1.2 Time of notice
51
   1.2.1 Within reasonable time, but never more than two years, after buyer discovers or should have discovered lack of conformity
Country # Cases  
Arbitral Award 5  
Date Court
00.00.1989 ICC Court of Arbitration - Paris
00.10.1995 ICC Court of Arbitration
05.06.1998 Arbitration Institute of the Stockholm Chamber of Commerce - Stockholm, Sweden
11.02.2000 Tribunal of International Commercial Arbitration at the Russian Federation
21.10.2005 CIETAC China International Economic and Trade Arbitration Commission
Austria 4  
Belgium 14  
Canada 1  
China 1  
Denmark 1  
Finland 1  
France 12  
Germany 23  
Italy 7  
Netherlands 12  
Spain 6  
Switzerland 8  
USA 8  
Romania 1  
Croatia 1  
105
    1.2.1.1 Contractual agreement for different period of guarantee
13
   1.2.2 Waiver of the defence that notice is not timely
9
 2 Failure to give timely notice
48
Total: 217


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