An Italian seller and a German buyer concluded a contract for the sale of women's clothes. The parties' agreement provided that any complaints concerning lack of conformity of the goods could only be raised within 8 days after receipt of the goods. After receiving complaints from its customers regarding the goods delivered, the buyer gave the seller notice of the lack of conformity, refused to pay and asked the seller to take back the goods. The seller commenced an action to recover the contract price.
The court held that the parties can derogate from Art. 39 CISG regarding time of notice, pursuant to Art. 6 CISG. As the buyer did not give notice within the agreed period of 8 days, the court found that the buyer had lost the right to rely on a non conformity under Art. 39 CISG.
In addition, the seller was entitled to interest, according to Art. 78 CISG. The rate of interest was determined by applying German private international law rules, which led to the Italian statutory interest rate. |