Q 36-2 Describe and analyse the distinction between Art. 36(1) and 36(2) CISG. Q 36-3 a) Describe some of the usual guarantees that manufacturers give. b) How does the warranty of durability under Art. 35(2) CISG relate to a guarantee in the sense of Art. 36(2) CISG?

doi:10.4324/9780203945445-108

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Q 36-2 Describe and analyse the distinction between Art. 36(1) and 36(2) CISG. Q 36-3 a) Describe some of the usual guarantees that manufacturers give. b) How does the warranty of durability under Art. 35(2) CISG relate to a guarantee in the sense of Art. 36(2) CISG?

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ABSTRACT

Art. 39 CISG establishes the obligation to give notice and addresses the issue of the periods for giving notice in order for the buyer to be able to rely on a lack of conformity. Art. 39 CISG also makes reference to time: the buyer must give notice of any lack of conformity ‘within a reasonable time’. The period for giving notice under Art. 39 CISG begins to run when the buyer discovers or ought to have discovered the defect.