Data
- Date:
- 19-11-2005
- Country:
- China
- Number:
- --
- Court:
- Guanzhou Intermediate People’s Court
- Parties:
- Bao De Li Ltd. v. China Electronic Import and Export Guangdong Corp.
Keywords
NOTICE OF NON-CONFORMITY (ART. 39 CISG) - TIME OF NOTICE - TWO-YEAR CUT-OFF PERIOD (ART. 39(2) CISG)
Abstract
A U.S. company (buyer) and a Chinese company (seller) concluded a contract for the sale of fresh ginger. The buyer paid part of the purchase price as a deposit, but the ginger delivered did not conform to the contractual requirements. The buyer then sued the seller claiming repayment of the purchase price and damages, plus interest. The seller in turn asked for payment of the reminder of the price.
By applying CISG according to its Art. 1(1)(a), the Court ruled in favour of the seller. Indeed the Court found that the buyer had lost its right to rely on the lack of conformity as it had failed to give notice thereof within two years from the handing over of the goods, as prescribed by Art. 39(2) CISG.
Fulltext
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Source
Original in Chinese:
- available at the Wuhan University Institute of International Law,
http://aff.whu.edu.cn/cisgchina/en/index.asp
English Translation:
- available at the University of Pace website, http://www.cisg.law.pace.edu}}