|
|
| Keywords |
| Date: |
03.10.2002 |
| Country: |
Spain |
| Number: |
AC 2002\1851 |
| Court: |
Audiencia Provincial de Pontevedra |
| Parties: |
Jabsheh Trading Est. vs. IBERCONSA |
|
|
LACK OF CONFORMITY OF GOODS - DELIVERY OF GOODS NOT CONFORMING TO PUBLIC LAWS OF BUYER’S COUNTRY – SELLER LIABLE IF SUCH CONFORMITY WAS EXPRESSLY PROVIDED IN CONTRACT (ART. 35(2)(B) CISG)- LIABILITY NOT EXCLUDED BY PASSING OF RISK IN CASE OF CARRIAGE OF GOODS
NOTICE OF LACK OF CONFORMITY – TIME OF NOTICE – ONE MONTH AFTER ARRIVAL AT PORT OF DESTINATION - AMOUNTS TO REASONABLE TIME (ART. 39(1) CISG)
AVOIDANCE OF CONTRACT – DECLARATION TO PARTY IN BREACH - NO OTHER FORMALITY REQUIRED (ART. 26 CISG)
|