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| An Italian seller and a German buyer concluded several contracts for the manufacture and the supply of textiles. Since the buyer refused to pay the price alleging that the delivered goods did not correspond to contractual specifications, the seller commenced an action for payment.
The Court awarded the seller payment of the purchase price (Art. 53 CISG), since the buyer had not given evidence of the fact that it had examined the goods within as short a period as practicable in the circumstances (Art. 38 CISG) and that it had given notice of the non-conformity to the seller within a reasonable time after discovery of the defect (Art. 39 CISG). Nor had the buyer demonstrated to have fixed an additional time for performance according to Art. 45 CISG. The Court further held that the buyer cannot deduct the costs of payment by cheque from the purchase price as such costs have to be covered by the buyer. Finally, the Court denied the buyer's right to set-off in accordance with the otherwise applicable Italian law. |