A French buyer and a Belgian seller concluded a contract for the sale of tomatoes. The seller sued the buyer for payment of the price, but the buyer alleged that the tomatoes were too ripe and not fit for resale. Therefore it demanded a price reduction in accordance with Art.50 CISG.
As to the lack of conformity of the goods, the Court found that, although there was no specific written agreement between the parties, it was reasonable to expect that the tomatoes had to be fit for resale (Art. 35(2)a CISG).
As to time for notice of lack of conformity, the Court rejected the seller's argument according to which the notice had to be given within 24 hours in accordance with its standard terms. In fact, the seller's standard terms were barely legible (too small print) and in German, so they could not be part of the contract. Moreover, the Court found that the buyer had given notice of lack of conformity in a reasonable time under Art. 39 CISG and, therefore, ordered a reduction of the price. |