|An Italian seller and a German buyer concluded a contract for the supply and installation of equipments for an ice-cream shop. After delivery the parties entered into an agreement in which the buyer recognised the total amount of the purchase price (the Agreement). As the buyer paid only part of the price, the seller commenced action to recover the rest of the price. The buyer alleged lack of conformity because of quality defects and incomplete delivery.
The Court held that the buyer had lost the right to rely on lack of conformity of the goods since it had not acted in accordance with the obligations set out in Artt. 38 and 39 CISG. In the Court's opinion, as the Agreement signed by the buyer was deemed to be an implied acceptance of the goods, the buyer's notice of non-conformity given to the seller after the signature of the Agreement was in contrast with the general duty of good faith provided by Art. 7 CISG.