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Date: 11.02.2009 Country: Netherlands Number: 172920/HA ZA 08-1228 Court: Rechtbank Arnhem Parties: -- Citation: http://www.unilex.info/case.cfm?id=1439

CISG PARTIAL DEROGATION (ART. 6 CISG) – IMPLIED DEROGATION – RESULTING FROM SELLER'S STANDARD TERMS INCORPORATED INTO CONTRACT NOTICE OF LACK OF CONFORMITY – NOTICE GIVEN BY FAX MESSAGES AND REGISTERED MAILS - BY MEANS APPROPRIATE IN THE CIRCUMSTANCES (ART. 27 CISG) NON- CONFORMITY OF GOODS – TIME OF EXAMINATION – AS SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES (ART. 38 CISG) NON-CONFORMITY OF GOODS – BUYER'S OBLIGATION TO GIVE SELLER NOTICE OF LACK OF CONFORMITY WITHIN REASONABLE TIME - FIVE WORKING DAYS AFTER DELIVERY REASONABLE IF GOODS OF PERISHABLE NATURE (ART. 39 CISG)