A German buyer purchased rubber soles from a Italian seller. The goods were delivered but the buyer refused to pay their full price, arguing inter alia that the soles were defective. The seller started a legal action to recover the remaining purchase price.
The Court held that the seller was entitled to recover the price under Art. 62 CISG, plus interest (Art. 78 CISG).
As to the buyer's claim to damages and repair costs, the Court held that the buyer could not rely on such remedies, because the notice of lack of conformity given to the seller did not meet the requirements of Art. 39(1) CISG. In particular, the Court held that the notice did not sufficiently specify the nature of the lack of conformity. Merely claiming that the goods present defects is not sufficient for the seller to understand the situation and be able to react, either by assessing the extent of the defects or by offering repair or substitution. Furthermore, the buyer has to precisely indicate the defects and disclose the results of any examination conducted on the goods. |