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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
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
Country # Cases  
Arbitral Award 1  
Austria 1  
Germany 6  
Date Court
12.03.1993 Oberlandesgericht Düsseldorf
25.06.1997 Bundesgerichtshof
25.06.1997 Oberlandesgericht Karlsruhe
11.09.1998 Oberlandesgericht Koblenz
25.11.1998 Bundesgerichtshof
05.12.2000 Oberlandesgericht Oldenburg
Switzerland 1  
9
 2 Failure to give timely notice
48
Total: 217


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