- Cour d'appel d'Aix-en-Provence
- Monaco Marine France v. MDC Detroit Diesel Italia
BUYER'S RIGHT TO AVAIL ITSELF OF LACK OF CONFORMITY OF THE GOODS - NOTICE OF LACK OF CONFORMITY - WITHIN A REASONABLE TIME (ART. 39(2) CISG)
A French company bought an engine and a reverse/reduction gearbox from an Italian company to be installed on a boat needing renovation. After that the French company had completed the renovation works, the boat encountered technical problems that required it to be towed and moored. The French company, after entering into a settlement agreement with the boat’s lessee, filed an action against the Italian seller.
The first instance Court found, inter alia, that the Italian seller was liable for the lack of conformity of the equipment and condemned it to pay damages in favor of the buyer. The seller appealed the decision.
The Appellate Court dismissed the seller’s claim, based on Art. 31 CISG, that the Italian Courts had jurisdiction over the case in lieu of French Courts, considering that Art. 31(a) of the Convention is only applicable in cases where the seller has not arranged for the transportation of the goods.
As to the merits, the Court of Appeal found that the buyer had lost its right to avail itself of the lack of conformity, since it had not notified the defects within a reasonable time from the date on which it became aware or should have become aware of them(Art. 39(2) CISG).
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J. FEIGHER - A. DORUK, CVIM/CISG: Jurisprudences relatives a la Convention sur les contrats de vente internationale, RDAI/IBLJ, no. 2/2016, 205 ff.}}