A German buyer and an Italian seller concluded a contract for the sale of fashion goods in 1988. The buyer refused to pay for the goods alleging that it had given notice to the seller within 8 days of the first delivery and 12 days after the second delivery of 'poor workmanship and improper fitting' of the goods.
The court held that the contract was governed by CISG, as the German private international law rules led to the application of the law of Italy, a contracting State (Art. 1(1)(b) CISG).
The court held that the buyer loses the right to rely on a lack of conformity of the goods not only when it does not give notice to the seller of the lack of conformity within a reasonable time after its discovery, but also when the notice given does not sufficiently specify the nature of the defects (Art. 39 CISG). |