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Date: 30.11.1998
Country: Switzerland
Number: HG 930634
Court: Handelsgericht Z├╝rich
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=409
SCOPE OF CISG - AGENCY - MATTER NOT COVERED BY CISG - DOMESTIC LAW APPLICABLE

SCOPE OF CISG - CURRENCY OF PAYMENT - MATTER NOT COVERED BY CISG - DOMESTIC LAW APPLICABLE

GOOD FAITH IN THE INTERPRETATION OF PARTIES' STATEMENTS AND CONDUCT (ARTS. 7 AND 8 CISG) - GENERAL PRINCIPLE IN CISG

LACK OF CONFORMITY OF GOODS - BURDEN OF PROOF - QUESTION NOT SETTLED IN CISG - TO BE SOLVED BY REFERRING TO CISG AS A SYSTEM

LACK OF CONFORMITY - TIME OF EXAMINATION OF GOODS (ART. 38(1) CISG) TIME OF NOTICE (ART. 39(1) CISG) - DEFECTS EASILY DISCOVERABLE EXAMINATION BY SAMPLES REQUIRED - NOTICE AFTER CUSTOMERS' COMPLAINTS NOT TIMELY

NOTICE OF LACK OF CONFORMITY - SELLER'S WAIVER OF DEFENCE THAT NOTICE IS NOT TIMELY - READINESS TO NEGOTIATIONS NOT SUFFICIENT

LACK OF CONFORMITY - SELLER'S KNOWLEDGE OF LACK OF CONFORMITY (ART. 40 CISG)

CONSENSUAL TERMINATION OF CONTRACT (ART. 29 CISG) - CISG RULES ON FORMATION OF CONTRACT APPLICABLE (ARTS. 14 ET SEQ. CISG)

INTEREST (ART. 78 CISG) - INTEREST ACCRUAL - NO NEED OF FORMAL REQUEST BY SELLER - INTEREST RATE - DETERMINED BY DOMESTIC LAW OTHERWISE APPLICABLE TO CONTRACT