Data
- Date:
- 29-05-2015
- Country:
- Italy
- Number:
- Court:
- Tribunale di Trento
- Parties:
- --
Keywords
NOTICE OF LACK OF CONFORMITY - WITHIN A REASONABLE TIME AFTER DISCOVERY (ART. 39 CISG)
Abstract
An Italian buyer bought food products from a Chilean seller. A dispute arose between the parties as the goods, at their arrival at the buyer’s premises, turned out to be damaged.
The Italian court declared that the dispute was to be settled in accordance with the CISG’s provisions, being Chile and Italy both contracting Parties to the Convention (Art. 1(1)(a)).
As to the merits, the Court rejected the seller’s argument that the buyer had failed to notify the lack of conformity of the goods within a reasonable time as required by Art. 39 CISG. In this respect, the Court observed that, in order for the buyer to meet the requirements set forth by Art. 39 CISG, it was sufficient that it had informed the seller by telephone of the defects immediately after it had received the goods at its premises. The contention that a written notification of the alleged defectiveness was sent only two months after the products’ delivery was therefore considered ungrounded.
Fulltext
Original in Italian:
- not yet available}}
Source
Published (in excerpt) in:
- Rivista di diritto internazionale privato e processuale, no.1 /2017, pp.132-133.}}