Meaning
Procedural requirements in international trade determine the timeframe and method for reporting defects in delivered merchandise. Within this framework, cisg article 39 dictates that a buyer loses the right to rely on a lack of conformity if notice is not given to the seller within a reasonable time after discovery. The notification must specify the precise nature of the defect to allow the seller to investigate and potentially remedy the situation.
Notice Period
Reasonable time is evaluated according to the circumstances of each transaction, the nature of the goods and the trade usage. For fast-moving electronic components, the period under cisg article 39 is often very short because prices fluctuate and technical defects require immediate analysis. In contrast, complex industrial machinery may allow a longer period for the buyer to conduct thorough testing and identify the non-conformity.
Absolute Limit
A hard deadline of two years from the date of handover applies to all claims unless a longer warranty period is specified in the contract. This outer boundary in cisg article 39 protects the seller from indefinite liability for long-term wear and tear. Once this limit expires, the buyer cannot initiate legal action or withhold payment, even if a latent defect is discovered after that point.
Contractual Consequence
Failure to provide timely notice bars any subsequent claims for damages, price reduction or product replacement. The rule operates as an absolute barrier to legal remedies, ensuring commercial certainty for the supplying party.
