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| Abstract
The Swiss seller entered into a contract with the Swiss buyer about the sale of lumber. Even though only Swiss law was applicable, the court made reference to Art. 39 CISG in order to determine how far the necessary notice of lack of conformity must be specified according to Swiss law of obligation (Art. 201 OR). In particular, the court observed that under CISG the buyer loses his right to rely on a non-conformity of the goods not only when he omits to give notice to the seller within a reasonable time after its discovery or when it ought to have been discovered, but also when it does not specify the nature of the lack of conformity. The court further observed, even though the nature of the lack of conformity must be named precisely, this requirement of Art. 39 (1) CISG should not be understood too strictly: the rationale of the notice is merely to inform the seller, so that it is enabled to take the necessary steps, and not to shift the risk of the non-conformity to the seller. |