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The seller is not entitled to rely on the provisions of articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclose to the buyer.
Seller's responsibility for lack of conformity despite lack of timely notice by buyer
Seller's knowledge of lack of conformity
Seller could not have been unaware of the lack of conformity
Disclosure to buyer
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