Date: 08.01.1993
Country: Germany
Number: 17 U 82/92
Court: Oberlandesgericht Düsseldorf
Parties: Unknown
A Turkish company agreed to sell 1000 tons of tinned cucumbers to a German company. The buyer examined the goods after their delivery (which occurred seven days after the shipment) and refused to pay the full amount of the price, alleging inter alia that the seller had not shipped the whole quantity of goods agreed upon.

The Court held that the contract was governed by CISG, as the parties had declared that the applicable law of the contract was the law of Germany, a contracting State (Art. 1(1)(b) CISG).

The Court held that Art. 38(2) CISG did not apply as the parties had expressly excluded in the contract the possibility of deferred examination of the goods. As the buyer had not examined the goods within as short a period as is practicable in the circumstances, i.e. at the moment of loading, and had not given timely notice of the non-conformity (Arts. 38(1) and 39(1) CISG), the Court held that the buyer was obliged to pay the full price even though it had received only partial delivery of the goods.