Data
- Date:
- 07-12-2016
- Country:
- Spain
- Number:
- 221/2016
- Court:
- Audencia Provincial - Cadiz
- Parties:
- --
Keywords
NOTICE OF LACK OF CONFORMITY (ART. 39 CISG) - WITHIN A REASONABLE TIME AFTER DISCOVERY
Abstract
A Lithuanian company delivered 20,000 kilos of walnuts to a Spanish company. A dispute arose as the buyer refused to pay for the price after that a sanitary control revealed that the goods were defective. The first instance Court found for the buyer, stating that it had notified the defects within a reasonable time. The Court of Appeal agreed with the first instance Court.
In doing so, the Court of Appeal considered that the delivered goods consisted of dry fruits
with hulls, bundled in bags together with a phytosanitary certificate. It followed that it was impossible to identify with the naked eye and based on the sole external aspect that they were defective, i.e. that they were dehydrated and immature. Hence, the computation of the delay from which the buyer discovered or was ought to have discovered the lack of conformity pursuant to Art. 39 only begun to run after the sanitary control performed by the competent authorities. Given that such a control took place a week before the lack of conformity was notified by the buyer, the Court concluded, the latter had complied with the reasonableness criterion as expressed by Art. 39(1) CISG.
Fulltext
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Source
Original in Spanish:
- available at www.cisgspanish.com}}