CISG상의 불일치 통지의무에 관한 고찰 - 사례를 중심으로

A Study on the Notice of a Lack of Conformity

&nbsp;&nbsp;The buyer in the international sale of goods should note that 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, he loses the right to rely on a lack of conformity of the goods, and if he does not give the seller notice of it at the latest within a period of two years from the date on which the goods were actually handed over to him, he also loses the right to rely on a lack of conformity of the goods.<BR>&nbsp;&nbsp;The purpose of the notice is to inform the seller what he must do to remedy the lack of conformity and to gather evidence for use in any dispute with the buyer.<BR>&nbsp;&nbsp;Reasonable time is a question that depended on the circumstances of each case. Where the buyer is rejecting the goods, a prompt communication to the seller is important so that he should have an opportunity to make a tender of conforming goods within the required time. The notice must not only be given to the seller within a reasonable time, but it must specify the nature of the lack of conformity.