- LJN: BL 7399 zaaknummer 104.002.936
BUYER'S DUTY TO EXAMINE THE GOODS - AS SOON AS IT IS PRACTICABLE IN THE CIRCUMSTANCES
PERISHABLE GOODS - NOTIFICATION OF LACK OF CONFORMITY TO BE GIVEN WITHIN A SHORT PERIOD OF TIME (ART. 39 CISG)
An Italian manufacturer of pasta concluded a contract with a Dutch buyer for the supply of food products. The products were intended at being processed together with other ingredients for the production of ready-to-eat pasta meals, and being resold to the buyer’s final customers. After being notified of the goods’ lack of conformity by one of its client, the buyer ceased to pay for the goods received.
The first instance Court found for the seller. The buyer appealed.
The Appellate Court rendered an interlocutory judgment, by which it declared, first of all, that the contract concluded between the parties was governed by CISG (Art. 1(1)(a)).
As to the merits, the Court found that the buyer had failed to timely notify the seller of the lack of conformity as required by Art. 39 CISG. As the goods involved were perishable ones, the buyer should have examined them immediately after delivery (Art. 38 CISG). Moreover, the buyer should have informed the seller of the customer’s complaints as soon as it received them, without delaying notification until an examination conducted by an expert appointed by the buyer certified the poor quality of the products.
Original in Dutch:
- available at the Dutch courts' website,
- available at the University of Pace Law website, http://cisgw3.law.pace.edu/}}