Case number: 97
Article number: sales convention / 1(1)(a); 3(1); 7(2); 38; 39; 78
Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1993
Type of decision: Judicial decision

Case 97: CISG 1(1)(a); 3(1); 7(2); 38; 39; 78
Switzerland: Commercial Court of the Canton of Zurich; HG930138. U/HG93 9 September 1993
Unpublished
Original in German
Summarized in German: Schweizerische Zeitschrift f�r internationales und europ„isches Recht 2/1995

The Italian seller of furniture sued the Swiss buyer for payment of the purchase price. The buyer had claimed that the furniture
was defective, but neither accepted the seller's offer to remedy any defects nor paid the purchase price.

It was found that CISG was applicable since the parties had their places of business in different contracting States (art. 1(1)(a)
CISG) and a contract for the supply of goods to be manufactured or produced, which amounted to a sales contract, was
involved (art. 3(1) CISG).

The court held that it was implicit in the Convention that the buyer had to prove the existence of defects and that it gave notice
of lack of conformity within a reasonable time (articles 7(2), 38 and 39 CISG). In view of the court's finding that the buyer had
failed to meet its burden of proof, it was held that, even if the buyer ever had the right to rely on lack of conformity of the
goods, the buyer had lost that right. The court ordered the buyer to pay the purchase price with interest at the statutory interest
rate of the applicable Italian law (art. 78 CISG).