My OperaThe glass started to show "wormholes"
Wednesday, July 23, 2008 9:11:31 PM
A case from Austria, see:
http://cisgw3.law.pace.edu/cases/071219a3.html
"At the time the [Seller] changed its manufacturing process and started to use UV hardening casting resin -- at the end of 1997 -- it informed its customers about this, namely, the subsidiaries of the [Buyer]. Following this change, defects emerged in the course of the production of insulating glass, as the casting resin layer of the laminated glass started to show so-called "wormholes" (= partial detachment of the casting resin from the glass). The [Buyer] failed to give notice of these defects within two years after the delivery -- insofar as the delivery in dispute is concerned.
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This period was a highly controversial issue at the diplomatic conference. It was classified as unreasonable by many representatives of industrial countries. Nevertheless, it finally became part of the compromise on the notification of a lack of conformity and was intended to strengthen the position of the seller in respect to the fact that after the expiry of a certain period of time he would no longer have to reckon with complaints and could thus finally conclude the transaction. (Schlechtriem/Schwenzer, loco citato, margin number 22)."
According to CISG article 39 (2), notice has to be given «
"at the latest within a period of two years from the date on which the goods were actually handed over to the buyer".
Mark the term «at the latest». It does not matter if the faults are hidden and could not possibly have been discovered within this period of two years. After two years a seller is entitled to consider the contract of sale to be settled and the transaction concluded.
http://cisgw3.law.pace.edu/cases/071219a3.html
"At the time the [Seller] changed its manufacturing process and started to use UV hardening casting resin -- at the end of 1997 -- it informed its customers about this, namely, the subsidiaries of the [Buyer]. Following this change, defects emerged in the course of the production of insulating glass, as the casting resin layer of the laminated glass started to show so-called "wormholes" (= partial detachment of the casting resin from the glass). The [Buyer] failed to give notice of these defects within two years after the delivery -- insofar as the delivery in dispute is concerned.
---
This period was a highly controversial issue at the diplomatic conference. It was classified as unreasonable by many representatives of industrial countries. Nevertheless, it finally became part of the compromise on the notification of a lack of conformity and was intended to strengthen the position of the seller in respect to the fact that after the expiry of a certain period of time he would no longer have to reckon with complaints and could thus finally conclude the transaction. (Schlechtriem/Schwenzer, loco citato, margin number 22)."
According to CISG article 39 (2), notice has to be given «
"at the latest within a period of two years from the date on which the goods were actually handed over to the buyer".
Mark the term «at the latest». It does not matter if the faults are hidden and could not possibly have been discovered within this period of two years. After two years a seller is entitled to consider the contract of sale to be settled and the transaction concluded.
