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| Abstract |
| Date: |
14.02.2001 |
| Country: |
Germany |
| Number: |
1 U 324/99-59 |
| Court: |
Saarländisches Oberlandesgericht |
| Parties: |
Unknown |
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An Italian seller produced and delivered windows and doors to a German buyer over a certain period of time. At the beginning of 1995 the seller delivered windows to the buyer. On 12 January 1998 the seller notified the buyer of the non-conformity of the windows. The seller filed a law suit against the buyer for the payment of the price of the windows and for unpaid invoices for other deliveries.
The Court held that the contracts concluded by the parties were governed by CISG as Art. 3 CISG explicitly states that contracts for the supply of goods to be produced are generally considered sales contracts under CISG. It found that this included contracts in which the seller promises to deliver future goods that it itself or a third party will produce like the ones in question.
However the Court held that the buyer had lost its right to rely on the lack of conformity of the goods as the buyer had given notice thereof too late. The cut-off period for such notice is two years after delivery (Art. 39(2) CISG. Moreover the buyer had failed to give notice of the lack of conformity within a reasonable time after discovery of the defects (Art. 39(1) CISG): according to the Court a period of two weeks to a month was a reasonable time within which to give notice.
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