Article 39 sk en

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Article 39
[slovenske znenie]

(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

(2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual period of guarantee.

CASE LAW:

judgement KS ZA from 25 October 2007, rec. no. 15Cb/10/2004

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 1: Electronic Communications under CISG

CISG AC OPINION 2: Examination of the Goods and Notice of Non-Conformity Articles 38 and 39

LITERATURE:

see also annotated Article 39 in Pace Database

see also case law to article 39 in the UNCITRAL Digest of case law