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Date:   6 February 2003
Court:   District Court of Randers
Local case reference:   n/a
CISG Nordic ID:   030206DK
Country of decision:   Denmark
Buyer's country:   Denmark
Seller's country:   Italy
Goods involved:   Check Valves
Case history:   2nd instance: 21 December 2003, Western High Court of Denmark
Original language:   Danish
Provisions cited:   CISG article 38, 39, 49, 74
Original court document:   Reported below in full text.
Rapporteur:   Thomas Neumann
Case citations:   n/a

 

Abstract

by Neumann, Thomas

The case concerns a sale of custom made check valves to be used in gas pumps. The delivered valves failed when used in Danish gas pumps due to an additive in the petrol. The seller were found to be liable for the non-conformity as the valves should have been fit for petrol, also i Denmark as this was the place of delivery. The seller did not indicate that the valves were unfit for the purpose despite that another and more expensive valve meant for petrol were available.  The court found that it was reasonable according to art. 39 CISG to give notice of non-conformity when the buyer's customers complained about defective valves.

 

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